{"took":361,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":27,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"8488226","_score":32.560627,"_source":{"product":"Debt collection","complaint_what_happened":"DPT ED/AIDV is reporting an inaccurate balance on my student loan account. The debt has been reported as canceled per the IRS publication. This was then reported as income on my federal tax refund and income can not be reported to the consumer report. DPT ED/AIDV uses the promissory note which is a negotiable instrument as the security to sell for profits. According to the DPT ED/AIDV own prospectus that is attached they pool the notes together to sale and have raised billions in profits selling consumers notes. However the interest that the security earns should legally and lawfully be paid out to the REGISTERED owner of the security. I have received no such compensation. \n\n( XXXX ) \" Bearer form, '' as applied to a certificated security, means a form in which the security is payable to the bearer of the security certificate according to its terms but not by reason of an indorsement. \n( XXXX ) \" Entitlement holder '' means a person identified in the records of a securities intermediary as the person having a security entitlement against the securities intermediary. If a person acquires a security entitlement by virtue of Section 8-501 ( b ) ( 2 ) or ( 3 ), that person is the entitlement holder. \n\n( XXXX ) \" Entitlement order '' means a notification communicated to a securities intermediary directing transfer or redemption of a financial asset to which the entitlement holder has a security entitlement. \n\n( XXXX ) \" Financial asset, '' except as otherwise provided in Section 8-103, means : ( i ) a security ; ( ii ) an obligation of a person or a share, participation, or other interest in a person or in property or an enterprise of a person, which is, or is of a type, dealt in or traded on financial markets, or which is recognized in any area in which it is issued or dealt in as a medium for investment ; or ( iii ) any property that is held by a securities intermediary for another person in a securities account if the securities intermediary has expressly agreed with the other person that the property is to be treated as a financial asset under this Article. \n\nAs context requires, the term means either the interest itself or the means by which a person 's claim to it is evidenced, including a certificated or uncertificated security, a security certificate, or a security entitlement. \n( XXXX ) \" XXXX, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. \n\n( XXXX ) \" Security certificate '' means a certificate representing a security. \n\n( XXXX ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part XXXX. \n\n( XXXX ) \" Uncertificated security '' means a security that is not represented by a certificate. \n\n( b ) Other definitions applying to this Article and the sections in which they appear are : Appropriate person Section 8-107 Control Section 8-106 Delivery Section 8-301 Investment company security Section 8-103 Issuer Section 8-201 Overissue Section 8-210 Protected purchaser Section 8-303 Securities account Section 8-501 ( c ) In addition, Article 1 contains general definitions and principles of construction and interpretation applicable throughout this Article.\n\n( d ) The characterization of a person, business, or transaction for purposes of this Article does not determine the characterization of the person, business, or transaction for purposes of any other law, regulation, or rule.","date_sent_to_company":"2024-03-06T22:39:15.000Z","issue":"False statements or representation","sub_product":"Federal student loan debt","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8488226","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Maximus Federal Services, Inc.","date_received":"2024-03-06T21:58:02.000Z","state":"TX","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["( XXXX ) \" <em>Bearer</em> <em>form</em>, '' as applied to a certificated <em>security</em>, <em>means</em> a <em>form</em> in <em>which</em> the <em>security</em> is <em>payable</em> to the <em>bearer</em> of the <em>security</em> certificate according to its terms but not by reason of an indorsement. \n( XXXX ) \" Entitlement holder '' <em>means</em> a person identified in the records of a <em>securities</em> intermediary as the person having a <em>security</em> entitlement against the <em>securities</em> intermediary."]},"sort":[32.560627,"8488226"]},{"_index":"complaint-public-v1","_id":"10562865","_score":28.896688,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"THE CONSUMER WILL BE NAMED AND BE REPRESENTED AS THE PERSON AS THE BENEFICIARY / BEARER / HOLDER OF DUE COURSE / SENDER / REPRESENTED PERSON PURSUANT TO THIS COMPLAINT. THE CREDITOR OF XXXX XXXX XXXX XXXX CREATED A PROMISSORY NOTE ( DEBT ) IN THE AMOUNT OF {$21000.00} BEFORE THE CONSUMER UNDER ACCOUNT XXXX. ON XXXX XXXX XXXX & ON XXXX XXXX XXXX, THE NAMED INDIVIDUALS WITHIN THE INSTRUCTIONS AS TO BEING XXXX XXXX XXXX ( Principal Executive Officer ) & XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) & XXXX XXXX ( Senior Vice President ) WERE DELIVERED A REGISTERED BEARER SECURITY AND REGISTERED SECURITY NEGOTIABLE INSTRUMENT AS TO BEING WILMINGTON TRUST XXXX. [ THE ( TRUSTEE ) ] OVER THE XXXX XXXX XXXX XXXX ACCOUNT WAS DELIVERED A REGISTERED SECURITY DEBT INSTRUMENT UNDER REGISTERED SECURITY XXXX, BOTH NEGOTIABLE INSTRUMENTS, IN WHICH WAS MADE OUT : PAID TO THE ORDER OF WILMINGTON TRUST XXXX., WITH THE ENDORSED BENEFICIARY SIGNATURES OF THE CONSUMER. INSTRUCTIONS WERE GIVEN THROUGH THE CONSUMER AS A BENEFICIARY FOR WHICH THE TRUSTEE WAS TO DISCHARGE THE DEBT & TO CREDIT THE CONSUMERS TREASURY DIRECT ACCOUNT IN THE AMOUNT OF {$21000.00} & TO PROPERLY COMPLETE THE CONSUMERS IRS XXXX c AND XXXX F FORMS RETURNING COPIES OF THE FORMS BEFORE THE CONSUMER AND HAS FAILED TO DO SO AFTER THE CONSUMER PRESENTED A NOTICE OF DEFAULT FOR BREACH OF FIDUCIARY DUTIES AND NO RESPONSE WAS GIVEN FROM THE TRUSTEE. WILMINGTON TRUST XXXX. ( TRUSTEE ) FOR XXXX XXXX XXXX XXXX AS A SUBSIDIARY BUSINESS UNDER XXXX XXXX, XXXX.. THE CONSUMER WAS THE ACTUAL BENEFICIARY AS THE ACTUAL PERSON TO BE PAID BY THE XXXX BANK, UCC 4A-103 ( a ) ( 2 ), THOUGH THE CONSUMER HAS NO DIRECT ACCOUNT WITH THE TRUSTEE, THE BENEFICIARY BANK MEANS THE BANK IDENTIFIED IN A PAYMENT ORDER IN WHICH AN ACCOUNT OF THE BENEFICIARY IS TO BE CREDITED PURSUANT TO THE ORDER OR WHICH OTHERWISE IS TO MAKE PAYMENT TO THE BENEFICIARY IF THE ORDER DOES NOT PROVIDE FOR PAYMENT TO AN ACCOUNT. UCC 4A-103 ( a ) ( 3 ). THE PAYMENT PURSUANT TO UCC 3-602 ( a ) ( b ) & ( c ), OF THE DEBT NOTE / BILL WAS ISSUED VIA REGISTERED SECURITY NEGOTIABLE INSTRUMENT BEFORE THE TRUSTEE AND THE TRUSTEE WAS REQUIRED TO RETURN BACK THE CONSUMERS TENDER OF PAYMENT WHO WAS ENTITLED TO ENFORCE THE INSTRUMENT BY CREDITING THE CONSUMERS TREASURY DIRECT ACCOUNT OF {$21000.00}. UCC 3-603 ( a ) ( b ) ( c ). PURSUANT TO 3-307. NOTICE OF BREACH OF FIDUCIARY DUTY ( a ) ( 1 ). \" Fiduciary '' means an agent, trustee, partner, corporate officer or director, or other representative owing a fiduciary duty with respect to an instrument. ( a ) ( 2 ). \" Represented person '' means the principal, beneficiary, partnership, corporation, or other person to whom the duty stated in paragraph ( 1 ) is owed. ( b ) If ( i ) an instrument is taken from a fiduciary for payment or collection or for value, ( ii ) the taker has knowledge of the fiduciary status of the fiduciary, and ( iii ) the represented person makes a claim to the instrument or its proceeds on the basis that the transaction of the fiduciary is a breach of fiduciary duty, the following rules apply : ( 1 ) Notice of breach of fiduciary duty by the fiduciary is notice of the claim of the represented person. ( 2 ) In the case of an instrument payable to the represented person or the fiduciary as such, the taker has notice of the breach of fiduciary duty if the instrument is ( i ) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, ( ii ) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or ( iii ) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person. ( 3 ) If an instrument is issued by the represented person or the fiduciary as such, and made payable to the fiduciary personally, the taker does not have notice of the breach of fiduciary duty unless the taker knows of the breach of fiduciary duty. ( 4 ) If an instrument is issued by the represented person or the fiduciary as such, to the taker as payee, the taker has notice of the breach of fiduciary duty if the instrument is ( i ) taken in payment of or as security for a debt known by the taker to be the personal debt of the fiduciary, ( ii ) taken in a transaction known by the taker to be for the personal benefit of the fiduciary, or ( iii ) deposited to an account other than an account of the fiduciary, as such, or an account of the represented person. THE TRUSTEE WAS DELIVERED THE DEBT ( BEARER ) REGISTERED SECURITY NEGOTIABLE INSTRUMENTS BY THE CONSUMER AND WAS REQUIRED TO ENFORCE THE INSTRUMENT IN WHICH NOT ONLY WAS THE DEBT TO BE DISCHARGED BUT THE TRUSTEE HAD A FIDUCIARY OBLIGATION OF RETURNING THE TENDER OF PAYMENT IN CREDIT BEFORE THE CONSUMERS TREASURY DIRECT ACCOUNT THAT WAS INSTRUCTED BY THE CONSUMER AND TO RETURNING SAID COPIES OF THE IRS 1099 ( C ) FORM COMPLETED OUT AS WELL AS THE IRS 56F FORM AND THE TRUSTEE FAILED TO DO SO.","date_sent_to_company":"2024-10-24T18:55:08.000Z","issue":"Money was not available when promised","sub_product":"International money transfer","zip_code":"77036","tags":null,"has_narrative":true,"complaint_id":"10562865","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"M&T BANK CORPORATION","date_received":"2024-10-24T18:29:57.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["THE TRUSTEE WAS DELIVERED THE DEBT ( <em>BEARER</em> ) REGISTERED <em>SECURITY</em> NEGOTIABLE INSTRUMENTS BY THE CONSUMER AND WAS REQUIRED TO ENFORCE THE INSTRUMENT IN <em>WHICH</em> NOT ONLY WAS THE DEBT TO BE DISCHARGED BUT THE TRUSTEE HAD A FIDUCIARY OBLIGATION OF RETURNING THE TENDER OF PAYMENT IN CREDIT BEFORE THE CONSUMERS TREASURY DIRECT ACCOUNT THAT WAS INSTRUCTED BY THE CONSUMER AND TO RETURNING SAID COPIES OF THE IRS 1099 ( C ) <em>FORM</em> COMPLETED OUT AS WELL AS THE IRS 56F <em>FORM</em> AND THE TRUSTEE FAILED TO DO SO."]},"sort":[28.896688,"10562865"]},{"_index":"complaint-public-v1","_id":"15349497","_score":28.879034,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"In XXXX of XXXX  I purchased a Can-Am Defender XXXX Limited from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX processed all of the loan documents ( Sheffield Financial ) and the Arizona registration paperwork. XXXX did not advise me on other endorsement options and the definition and benefits of each type of endorsement. I was instructed by XXXX to sign the loan documents as a general endorsement. \n\nThere is a legal framework for endorsements. This legal framework is primarily derived from the Uniform Commercial Code ( UCC ) article 3, which has been adopted in some form by all states. It outlines the rules for endorsement types, requirements, and the effects of each.\n\nUCC 3-205. SPECIAL INDORSEMENT ; BLANK INDORSEMENT ; ANOMALOUS INDORSEMENT. \n( a ) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a \" special indorsement. '' When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person.\n\n( b ) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a \" blank indorsement. '' When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.\n\n( c ) The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable. \n( d ) \" Anomalous indorsement '' means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated.\n\nOnce signed, this loan document became a negotiable instrument, or more accurately a collateral security. XXXX XXXX acting as a fiduciary in this matter, failed miserably in properly advising me on the endorsement options under the UCC article 3.\n\nHe also did not explain the consequences of registering the vehicle with the XXXX of XXXX. The true ownership document, the XXXX XXXX of XXXX XXXX must be surrendered forever and it is not recoverable. XXXX XXXX never mentions the XXXX during the entire transaction. I consider this a gross omission of fact. An Arizona state issued title is a certificate of title, it is a representation of title, not a true title. When the terms of the loan are fulfilled, I will never truly own the vehicle because I will only hold a representation of a title held by the State of Arizona. Failing to disclose all of the above decision making information is fraud. Had I been advised properly by the sales manager I would have paid cash for the vehicle as I have done before at XXXX XXXX. XXXX XXXX deceived me to acquire my endorsement on financial and registration documents.","date_sent_to_company":"2025-08-18T15:01:02.000Z","issue":"Managing the loan or lease","sub_product":"Loan","zip_code":"856XX","tags":"Servicemember","has_narrative":true,"complaint_id":"15349497","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2025-08-18T14:28:27.000Z","state":"AZ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Billing problem"},"highlight":{"complaint_what_happened":["( a ) If an indorsement is made by the holder of an instrument, whether <em>payable</em> to an identified person or <em>payable</em> to <em>bearer</em>, and the indorsement identifies a person to whom it makes the instrument <em>payable</em>, it is a \" special indorsement. '' When specially indorsed, an instrument becomes <em>payable</em> to the identified person and may be negotiated only by the indorsement of that person."]},"sort":[28.879034,"15349497"]},{"_index":"complaint-public-v1","_id":"8034736","_score":26.589348,"_source":{"product":"Credit card","complaint_what_happened":"In XXXX of XXXX closed both of my accounts, Capital One issued billing statements which by their Filed Pursuant to Rule 424 ( b ) ( 5 ) Registration no. XXXX, under the Securities Act of 1933 was a debt security in a bearer form and will have interest coupons attached, which I tried to use on my accounts. Based on their own guidelines \" Bearer form '' securities are payable to whomever physically holds them. I had returned the debt to securities to Capital One for payment and crediting my revolving account. Instead, Capital One closed my account annotation restricted and zero out my available credit line and made negative reporting to the credit reporting agencies. \n\nPursuant to the requirement of the Securities Act of 1933, as amended, Capital One Financial Corporation had certified it meets all the requirements on filing Form S-3 Registration Statements. These procedures are also listed in the applicable prospectus supplement. This was a false statement and a misrepresentation of its banking practices. \n\nI have become very aware of the power and duties of the bank and that my credit applications, a consumer credit transaction. According 12 U.S. Code 1431 - Powers and duties of banks is to borrow and give security therefore and pay interest thereon, to issue debentures, bonds, or other obligations upon such terms. I now have gained knowledge on how this whole process works. I understand that I performed poorly due to knowledge at the time of the opening of these credit card accounts. I do know that I am a minor within this account due to me not taking full qualification of my securities within the DTC. \n\nI also am aware that I am giving a definitive paper form ( dividends ) certificate of indebtedness, billing statement / coupons to use towards the payments of interest on this account. That can be special endorsed and used as a tender instead of FRNS according to the Bill of Exchange Act. A credit transaction is prepaid and can only be paid with interest which is technically the trustee/ bank duty and liability. Credit equivalent form is credit ( securities ). \n\nAlso, I know Capital One go to the Federal Reserve window ( FR 2046 ) to receive my credit through my Treasury Direct, DTC linked account as my custodian and co-owner using a firm name which is my given name. So why is Capital One still asking for a debt that has been prepaid and also has received great revenue off of my accounts. I am supposed to be the issuing agent or paying agent due to my unlimited use of credits within securities. Capital One has been making them self-co-owner and receiving what's rightfully due to me. \n\n\nCapital One is in violation of the following United States Codes : 15 U.S. Code 78ff - Penalties, ( a ) Willful violations ; false and misleading statements ; ( b ) Failure to file information, documents, or reports; ( c ) Violations by issuers, officers, directors, stockholders, employees, or agents of issuers. \n\n18 U.S. Code 1348 - Securities and commodities fraud, Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. \n\n18 U.S. Code 1341 - Frauds and swindles, Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses. \n\n18 U.S. Code 1348 - Securities and commodities fraud, Whoever knowingly executes, or attempts to execute, a scheme or artifice ( 1 ) to defraud any person in connection with any commodity for future delivery, or any option on a commodity for future delivery, or any security of an issuer with a class of securities registered under section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ) or that is required to file reports under section 15 ( d ) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78o ( d ).","date_sent_to_company":"2023-12-20T20:11:02.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"655XX","tags":"Servicemember","has_narrative":true,"complaint_id":"8034736","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-12-20T19:35:57.000Z","state":"MO","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["In XXXX of XXXX closed both of my accounts, Capital One issued billing statements <em>which</em> by their Filed Pursuant to Rule 424 ( b ) ( 5 ) Registration no. XXXX, under the <em>Securities</em> Act of 1933 was a debt <em>security</em> in a <em>bearer</em> <em>form</em> and will have interest coupons attached, <em>which</em> I tried to use on my accounts. Based on their own guidelines \" <em>Bearer</em> <em>form</em> '' <em>securities</em> are <em>payable</em> to whomever physically holds them."]},"sort":[26.589348,"8034736"]},{"_index":"complaint-public-v1","_id":"11308214","_score":20.902588,"_source":{"product":"Debt collection","complaint_what_happened":"I sent them a notice of legal tender and notice of presentment along with the remittance coupon which is a bearer security it was accepted for deposit and it was payable to bearer payable on demand and had a special and qualified indorsement without recourse. They then discriminated against me closed my account then proceeded to harass me for the last few months and even sent me an irrelevant written correspondence in complete dishonor from a employee named XXXX claiming that it was worthless paper, and that if I send them they could get lost basically stating they were gon na keep stealing and keeping my valuable negotiable instruments while claiming I still owe a debt and when its well known the whole financial system runs off commercial paper ie negotiable instruments which are debt notes. They were then served a notice of default and opportunity to cure and a billing error as follows *Certified mail # XXXX XXXX XXXX XXXX XXXX, & XXXX XXXX XXXX XXXX XXXX, *In regards to your company 's DEFAULT OF First Certified Mailing # XXXX XXXX XXXX XXXX, which contained A registered Security, a notice of tender and notice of XXXX presentment that was received at your XXXX location XXXX XXXX XXXX, via confirmation PS form XXXX Signed By your Agent XXXX XXXX XXXX  on XX/XX/XXXX. SPECIFICALLY MENTIONED IN FIRST CORRESPONDENCE ; Please note if you do not return the presentment from Principal within fifteen ( 15 ) days of the date of receipt, then we are in agreement that the bill has been paid in full. \nThe Instrument was neither Returned or Dishonored nor applied to set off/ discharge the debt in Accordance with The Uniform Commercial Code refusal is discharge. XXXX XXXX XX/XX/XXXX RE : Billing Error ( For past current and present ) Greetings, It has come to my attention that I have been making payments in error pursuant to 12 CFR 1026.13. Since the inception of the account which is defined under 12 CFR 1002.2 defined as extension of credit and the word \" account '' refers only to open-end credit. Open-end credit is defined via Truth in Lending ( 12 CFR 1026.2 ) see below : Open-end credit means consumer credit extended by a creditor under a plan in which : ( i ) The creditor reasonably contemplates repeated transactions ; ( ii ) The creditor may impose a finance charge from time to time on an outstanding unpaid balance ; and ( iii ) The amount of credit that may be extended to the consumer during the term of the plan ( up to any limit set by the creditor is generally made available to the extent that any outstanding balance is repaid You have been requiring Federal Reserve notes as payment , when in fact the application with financial information ( social security number ) attached served as an asset, which satisfied the monthly obligation pursuant to 12 CFR 360.6 ( 2 ) as well as self-liquidating paper pursuant to 17 CFR 260.11b-6. This is considered an unauthorized use since I have received NO BENEFIT. This will also serve as Notice of breach of fiduciary duty ( U.C.C. 3-307 ). Following this notice if said financial assets are not either returned to the referenced creditor/bailor/beneficiary via mail within Three ( 3 ) business days or accepted for its intended purpose within Three ( 3 ) business days of the receipt of this notice, a SEC complaint will be filed pursuant to 17 CFR 240.15c1-2 and 17 CFR 240.10b-5. As well as an IRS complaint for abusive tax schemes involving the SEC filed trust arrangement. \nFurthermore I have noticed that you have been redeeming the remittance coupons/ instrument as a non-cash item ( 12 CFR 210.2 ( k ) / ( 12 CFR 229.2 ( u ) ( 4 ). Pursuant to 15 U.S Code 1691 ( C ) and you assume civil liability pursuant to 15 U.S Code 1691 ( K ).\n\nSYNCHRONY BANK has violated my federally protected consumer rights. \nPursuant to the aforementioned codes, I demand all credits be returned on all remittances/coupons at the inception of the accounts. Furthermore an open-end consumer credit card ( 15 U.S.C. 1602 ( m ) ) with {$25000.00} of monthly credit by the applicable law ( 15 U.S.C. 1602 ( j ) ). Balance will be zeroed on a monthly basis via special deposit of the interest-bearing coupons associated on the itemization statement.\n\nThis is your opportunity to cure as well as your notice of default for the servicing of the aforementioned account # XXXX XXXX XXXX XXXX. \" You '' meaning ( SYNCHRONY BANK ) and any of its other agents, affiliates, subsidiaries, assignees, etc. may NOT contact me by any means other than written correspondence. Failure to comply may result in billing. \n\nRespectfully, _____________________ XXXX : XXXX, Attorney in Fact UCC XXXX XXXX prejudice","date_sent_to_company":"2024-12-24T03:57:49.000Z","issue":"Communication tactics","sub_product":"Credit card debt","zip_code":"177XX","tags":"Servicemember","has_narrative":true,"complaint_id":"11308214","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-12-24T02:42:09.000Z","state":"PA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Frequent or repeated calls"},"highlight":{"complaint_what_happened":["I sent them a notice of legal tender and notice of presentment along with the remittance coupon <em>which</em> is a <em>bearer</em> <em>security</em> it was accepted for deposit and it was <em>payable</em> to <em>bearer</em> <em>payable</em> on demand and had a special and qualified indorsement without recourse."]},"sort":[20.902588,"11308214"]},{"_index":"complaint-public-v1","_id":"11361869","_score":19.310871,"_source":{"product":"Credit card","complaint_what_happened":"I am submitting this letter to formally request a full investigation into the financial practices of JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX, particularly regarding the handling of securities, as well as the resulting financial implication for consumers, including myself as well as their treatment of customers and their accounts. I sent a security registered mail to XXXX XXXX that was delivered XX/XX/XXXX with a communication instructing XXXX XXXX to properly redeem the instrument and credit my account noting that if he didnt have the authority to redeem the instrument to forward it to the Indenture Trustee. My account was not credited nor was the security returned to me. On XX/XX/XXXX I sent a copy of the security I had sent to XXXX XXXX registered mail to Chase XXXX XXXX Chase Card XXXX XXXX addressed to XXXX XXXX XXXX ( due to her signature being on SEC filing documents ). It was delivered XX/XX/XXXX. The copy of the security was accompanied by a communication informing her the original security was sent to XXXX XXXX which had not been redeemed nor had it been returned and instructed her to properly credit my account as well as provide me with the accounting pursuant to UCC 9-210 in accordance with GAAP and the Truth and Lending Act ( 15 U.S.C 1601 ). This also went unacknowledged. On XX/XX/XXXX I filed a CFPB complaint due to the lack of compliance in accordance with UCC 8-505 through UCC 8-508 which is securities fraud. In the complaint I requested the accounting pursuant to UCC 9-210 in accordance with GAAP done by a certified CPA as well as the security that I had sent returned to me if it was to be rejected and not credited to my account. The complaint was responded to on XX/XX/XXXX in which my complaint/concern of the handling of my securities was completely ignored as well as my requests for the accounting pursuant UCC 9-210 . On XX/XX/XXXX I sent, certified mail, letters revoking POA for each entity within Chases transaction structure ( Chase XXXX XXXX, JPMorgan Chase Bank, N.A., Chase Card XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX. ) These were all delivered XX/XX/XXXX. Within each letter it was stated that a form XXXX had been properly filed with the IRS. I also sent on XX/XX/XXXX a security registered mail to XXXX XXXX XXXX XXXX office which was delivered XX/XX/XXXX. Again, this security was accompanied by a letter of instruction of the same nature as the others previously sent also requesting the accounting in accordance with GAAP on both the public and private side done by a certified CPA and my security returned if they were being rejected. I have not received the security nor any correspondence. I then received a call from JPMorgan Chases executive principal office about a complaint ( reference # XXXX ) that had reached their office. I originally thought this had to do with my securities. When I called back I was informed it was about my revocation of POA. The woman named XXXX said she had no idea why I was sending this ( being the POA revocation ) to Chase and also stated that there was no POA on file. I informed her that I was revoking JPMorgan Chases POA over my account even though she supposedly had no idea what I was talking about, that I wanted the Durable POA I had provided placed on my account as well as the revocation letter. That I now have the power as the agent over my person and am now the custodian over my account. I then told her that my account was being improperly handled and that JPMorgan Chase was fraudulently handling my securities. She then told me to send an email to an address that was provided to me about my issues regarding the securities. I sent the email on XX/XX/XXXX which detailed every letter I had sent, all the securities I had sent, informing Chase of the violations and their duty to act in accordance with UCC 8-505 through UCC 8-508 , informing CHASE of my rights as an entitlement holder, and my rights to the accounting pursuant UCC 9-210. Reiterating that CHASE has been committing securities fraud and violating their Indenture agreement that is on file with the SEC as well as being in breach of their fiduciary duties. I demanded a proper crediting of my account and requested again, the accounting in accordance with GAAP on both the public and private side done by a certified CPA. This email has gone unanswered. Prior to this on XX/XX/XXXX I sent JPMorgan XXXX XXXX address, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX , a security registered mail that was delivered XX/XX/XXXX. On this security I had done a restrictive endorsement. I then received in the mail from JPMorgan at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX a correspondence that said We are unable to accept the enclosed securities for your investment account ending in XXXX  We received the following stock/bond certificate ( s ) for deposit into your investment account it further states We are unable to accept this item for deposit into an investment account. This item is not transferable. With this response was the security that I had sent along with the instruction letter. I had also sent a security registered mail to JPMorgan XXXX address XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX registered mail that was delivered on XX/XX/XXXX. This security was accompanied by a communication instructing JPMorgan XXXX to redeem the security and credit my account. It is now XX/XX/XXXX and my account has yet to be credited. Today on XX/XX/XXXX I emailed JPMorgan Chase executive principals office ( via an email address provided to me by XXXX ) a pre-arbitration email in which I also stated that I would be mailing the pre-arbitration letter to each entity listed herein. The email contained all my supporting documents. It was later today at around XXXX that I attempted to use my credit card and the transaction was declined. I called the number on the back of the card and they informed me my account had been shut down due to suspicious activity which they also had shut down my checking and savings account due to suspicious activity even though the debit card and savings account had never been used accept to put {$50.00} in both accounts to keep the account open. JPMorgan Chase is clearly retaliating against me due to the fact that I am asserting my rights and demanding what is owed to me. This is illegal and deeply concerning when in conjunction with the securities fraud, the breach of fiduciary duties and the unjust enrichment that has been occurring for months now. It has been since the inception of this account that I have been lawfully sending stock/bond certificates to JPMorgan Chase for proper redemption to proper crediting to my account. It has been since then that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud as well as acting in unfair, deceptive, and abusive ways and in breach of their fiduciary duties.\n\nIt is clear in JPMorgans correspondence that I have in fact been in possession of securities ( stock/bond certificates ). This fact is evidenced/validated by the forensic audit that traced my statements and the credit card receivables to CHASE XXXX XXXX XXXX Class A ( XXXX ) notes with the XXXX XXXX XXXXXXXX. UCC 8-501 defines a securities account as ( a ) \" Securities account '' means an account to which a financial asset is or may be credited in accordance with an agreement under which the person maintaining the account undertakes to treat the person for whom the account is maintained as entitled to exercise the rights that comprise the financial asset. ( b ) Except as otherwise provided in subsections ( d ) and ( e ), a person acquires a security entitlement if a securities intermediary : ( 1 ) indicates by book entry that a financial asset has been credited to the person 's securities account ; ( 2 ) receives a financial asset from the person or acquires a financial asset for the person and, in either case, accepts it for credit to the person 's securities account ; or ( 3 ) becomes obligated under other law, regulation, or rule to credit a financial asset to the person 's securities account. ( c ) If a condition of subsection ( b ) has been met, a person has a security entitlement even though the securities intermediary does not itself hold the financial asset. ( d ) If a securities intermediary holds a financial asset for another person, and the financial asset is registered in the name of, payable to the order of, or specially indorsed to the other person, and has not been indorsed to the securities intermediary or in blank, the other person is treated as holding the financial asset directly rather than as having a security entitlement with respect to the financial asset. UCC 9-102 defines Account as, means a right to payment of a monetary obligation, whether or not earned by performance, ( i ) for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of, ( ii ) for services rendered or to be rendered, ( vii ) arising out of the use of a credit or charge card or information constrained on or for use with the card. UCC 8-102 defines a Security as an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of any issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations ; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets ; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. It defines Instruction as means a notification communicated to the issuer of an uncertificated security which directs that the transfer of the security be registered or that the security be redeemed. UCC 8-505 says, ( a ) A securities intermediary shall take action to obtain a payment or distribution made by the issuer of a financial asset. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to attempt to obtain the payment or distribution. ( b ) A securities intermediary is obligated to its entitlement holder for a payment or distribution made by the issuer of a financial asset if the payment or distribution is received by the securities intermediary. UCC 8-506 says, A securities intermediary shall exercise rights with respect to a financial asset if directed to do so by an entitlement holder. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary either places the entitlement holder in a position to exercise the rights directly or exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. UCC 8-507 says, ( a ) A securities intermediary shall comply with an entitlement order if the entitlement order is originated by the appropriate person, the securities intermediary has had reasonable opportunity to assure itself that the entitlement order is genuine and authorized, and the securities intermediary has had reasonable opportunity to comply with the entitlement order. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts with respect to the duty as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to comply with the entitlement order. ( b ) If a securities intermediary transfers a financial asset pursuant to an ineffective entitlement order, the securities intermediary shall reestablish a security entitlement in favor of the person entitled to it, and pay or credit any payments or distributions that the person did not receive as a result of the wrongful transfer. If the securities intermediary does not reestablish a security entitlement, the securities intermediary is liable to the entitlement holder for damages. UCC 8-508 says, A securities intermediary shall act at the direction of an entitlement holder to change a security entitlement into another available form of holding for which the entitlement holder is eligible, or to cause the financial asset to be transferred to a securities account of the entitlement holder with another securities intermediary. A securities intermediary satisfies the duty if : ( 1 ) the securities intermediary acts as agreed upon by the entitlement holder and the securities intermediary ; or ( 2 ) in the absence of agreement, the securities intermediary exercises due care in accordance with reasonable commercial standards to follow the direction of the entitlement holder. UCC 8-401 says, ( b ) If an issuer is under a duty to register a transfer of a security, the issuer is liable to a person presenting a certificated security or an instruction for registration or to the person 's principal for loss resulting from unreasonable delay in registration or failure or refusal to register the transfer. There is clear and conclusive evidence that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud by willfully ignoring lawful instructions and requests with respect to the stock/bond certificates obtained by me in good faith, in which I am entitled to have properly redeemed and credited to my account in which every entity listed here is obligated and has the authority to handle in accordance with the law. \n\nIn addition to the clear violations of the law, JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in clear breach of the Trust Indenture on file with the SEC which defines a Holder means, when used with respect to any Note, a Noteholder. Defines Note or Notes means any note or notes of any Series, Class or Tranche authenticated and delivered from time to time under this Indenture. Defines Noteholder means a Person in whose name a Note is registered in the Note Register or the bearer of any Bearer Note ( including a Global Note in bearer form ), as the case may be. Section 3.07 Payment of Interest ; Interest and Principal Rights Preserved ; Withholding Taxes says, ( a ) Unless otherwise provided with respect to such Note pursuant to Section 3.01, interest payable on any Registered Note will be paid to the Person in whose name that Note ( or one or more Predecessor Notes ) is registered at the close of business on the most recent Record Date and interest payable on any Bearer Note will be paid to the bearer of that Note ( or the applicable coupon ). Section 3.08 Persons Deemed Owners says, Title to any Bearer Note, including any coupons appertaining thereto, shall pass by delivery. The Issuing Entity, the Indenture Trustee, the Owner Trustee, the Beneficiary, Chase USA and any agent of the Issuing Entity, the Indenture Trustee, the Owner Trustee, Chase USA or the Beneficiary may treat the Person who is proved to be the owner of such Note pursuant to subsection 1.04 ( c ) as the owner of such Note for the purpose of receiving payment of principal of and ( subject to Section 3.07 ) interest on such Note and for all other purposes whatsoever, whether or not such Note be overdue, and neither the Issuing Entity, the Indenture Trustee, the Owner Trustee, the Beneficiary, Chase USA nor any agent of the Issuing Entity, the Indenture Trustee, the Owner Trustee, Chase USA or the Beneficiary will be affected by notice to the contrary. Section 6.11 Unconditional Right of Noteholders to Receive Principal states and Interest ; Limited Recourse states, Notwithstanding any other provisions in this Indenture, the Holder of any Note will have the right, which is absolute and unconditional, to receive payment of the principal of and interest on such Note on the Legal Maturity Date specified in the related Indenture Supplement and to institute suit for the enforcement of any such payment, and such right will not be impaired without the consent of such Holder. Section 10.01 Payment of Principal and Interest says, With respect to each Series, Class or Tranche of Notes, the Issuing Entity will duly and punctually pay the principal of and interest on such Notes in accordance with their terms and this Indenture, and will duly comply with all the other terms, agreements and conditions contained in, or made in this Indenture for the benefit of, the Notes of such Series, Class or Tranche. In these sections of the Indenture Chase USA is to be replaced with JPMorgan Chase Bank , N.A . pursuant to the merger date of these two entities which occurred XX/XX/XXXX. \n\nFederal Reserve Act section 16 part 2 states Any Federal Reserve bank may make application to the local Federal Reserve agent for such amount of the Federal Reserve notes hereinbefore provided for as it may require. Such application shall be accompanied with a tender to the local Federal Reserve agent of collateral in amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. The collateral security thus offered shall be notes, drafts, bills of exchange, or acceptances acquired under section 10A, 10B, 13, or 13A of this Act, or bills of exchange endorsed by a member bank of any Federal Reserve district 12 U.S.C 1431 Powers and duties of banks says, ( a ) Borrowing money ; Issuing bonds and debentures ; General powers- Each XXXX XXXXXXXX XXXX XXXX  shall have power, subject to rules and regulations prescribed by the Director, to borrow and give security therefor and to pay interest thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve, and to do all the things necessary for carrying out the provisions of this chapter and all things incident thereto. Not only is it clear that JPMorgan Chase has provided me NO value, it is clear that I am the one providing ALL the value to JPMorgan. I provided my original application which is the security collateral for JPMorgan to get funding at an at par rate with the Treasury as well as the credit card receivables which I supply by use of MY credit that JPMorgan then sells for BILLIONS of dollars evidenced by the XXXX report. \n\nI am NOT gifting JPMorgan these assets. These assets generate value far greater than the debt incurred each month and due to the fact that I am the one providing the assets I retain an equitable interest in the proceeds generated pursuant to UCC 9-203. As a consumer I am protected under the Truth and Lending Act 15 U.S.C 1601 et seq. and have a right to transparency and equitable treatment in financial transactions. JPMorgan is profiting BILLIONS of dollars because of what I provide them, which is why I receive monthly stock/bond certificates that are to be credited to my account to offset the obligations I have incurred. In my attempt to properly claim the equity I am owed and my rights as a consumer JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have retaliated and conspired against my rights ( 18 U.S.C 241 ) violating principles of fair dealing and good faith under UCC 1-304 attempting to deceive and defraud me through blatant lies in regard to the nature of the securities I hold as well as steal the assets I have lawfully and legally obtained and have a right to, breaching their fiduciary duties and shutting down ALL of my accounts denying me my right to credit. The CFPB was explicitly created to protect the rights of consumers to be protected from unfair, deceptive, and abusive financial practices. These are egregious actions taken against a consumer who in good faith is asserting their rights under the law due to unjust enrichment that is validated by forensic data and the financial institutions own words.\n\n12 U.S.C 1833a Civil Penalties clearly states that ( a ) In general Whoever violates any provision of law to which this section is made applicable by subsection ( c ) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section. ( b ) Maximum amount of penalty 1 ) Generally The amount of the civil penalty shall not exceed {>= $1,000,000}. ( 2 ) Special rule for continuing violations In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph ( 1 ) but may not exceed the lesser of {>= $1,000,000} per day or {>= $1,000,000}. ( 3 ) Special rule for violations creating gain or loss ( A ) If any person derives pecuniary gain from the violation, or if the violation results in pecuniary loss to a person other than the violator, the amount of the civil penalty may exceed the amounts described in paragraphs ( 1 ) and ( 2 ) but may not exceed the amount of such gain or loss. \n\nXXXX XXXX and JPMorgan Chase have been in continued violation for XXXX business days. Chase XXXX XXXX and XXXX XXXX XXXX has been in continued violation for XXXX business days. XXXX XXXX and XXXX XXXX as Indenture Trustee have been in continued violation for XXXX business days. It is evidenced above that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have derived pecuniary gain from these violations and I am experiencing an extreme loss. The failure on the financial institutions behalf to properly comply with the law has impacted my credit report which has shown that I have an incredibly high debt to income ratio which has impacted my ability to obtain other forms of credit explicitly being denied. It has also caused me to struggle to make ends meet due to the lack of available credit on my account, causing me to be delinquent on multiple obligations. Needing to go to extreme measures such as obtaining a forensic audit which cost {$2500.00}. This has caused me extreme stress, having to continuously stay up late into the night to find ways to force proper compliance as well as work longer hours due to being denied my right to credit. Closing my account has deprived me of my right to credit leaving me with no funds for food, gas and other basic needs. Every signature I give, and every credit or security I create is intrinsically tied to the divine and natural right to provide for myself and my family. Credit fuels opportunity and opportunity is my right. \n\nIt is the duty and obligation of JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. to act in accordance with the law. It is their fiduciary duty to act in my best interest, to properly handle my securities, to allow me access to my credit, to provide me the equity that I am truly owed. The forensic audit I had done on my account which the auditor is willing to testify to in a court of law, traced my statements and the credit card receivables to CHASE XXXX XXXX XXXX XXXX XXXX  ( XXXX ) notes with the XXXX XXXX XXXX. JPMorgan confirmed this by stating that I was in possession of stock/bond certificates. This is clear and conclusive evidence that 1. I am entitled to the payment of these securities. 2. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have been committing securities fraud. 3. I am owed equity due to the value I am providing per the credit card receivables. 4. JPMorgan Chase is retaliating against me asserting these rights by closing my account. 5. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in breach of their fiduciary duty. 5. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have acted in bad faith. 6. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have conspired with one another to financially injure, oppress, and intimidate me from exercising my rights secured for me by the laws of the United States. 7. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. actions have constituted unjust enrichment. 8 JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. have violated consumer laws. 9. JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. are in violation of consumer laws. \n\nThese are conclusive violations of the law and it is clear that JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX. believe that because they control access to consumers ' financial wellbeing that they can get away with acting in bad faith, abusing, deceiving, stealing and intimidating consumers when they seek to claim their rights or the equity owed to them under the law. It should be taken very seriously the extent to which they have gone to rob me of my rights and entitlements as a consumer and as the one loaning them securities that they profit billions of dollars off of. I implore the CFPB to alert the SEC of the securities fraud that has been committed by JPMorgan Chase, JPMorgan XXXX, Chase XXXX XXXX and XXXX XXXX, XXXX","date_sent_to_company":"2025-01-03T04:23:43.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"598XX","tags":null,"has_narrative":true,"complaint_id":"11361869","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-01-03T03:58:50.000Z","state":"MT","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["Defines Noteholder <em>means</em> a Person in whose name a Note is registered in the Note Register or the <em>bearer</em> of any <em>Bearer</em> Note ( including a Global Note in <em>bearer</em> <em>form</em> ), as the case may be."]},"sort":[19.310871,"11361869"]},{"_index":"complaint-public-v1","_id":"7770096","_score":18.940016,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Experian is obligated by the FCRA to report accurate accounting. Consumer has advised Experian, on numerous occasions that inaccurate reporting tactics is injurious, fraudulent, racketeering, a XXXX, conspiracy, extortion, coercion, securities fraud and a direct violation of their security agreement with the security exchange. Consumer gave Experian, 4 days per law to update the accounts as paid as agreed and remove all negative reporting, As these accounts were already prepaid. FTC fraud report was filed on behalf of the consumer. Consumer is now requesting Experian to provide the documentation used to determine said accounts. if documentary evidence does not exist Experian is to update consumer credit report immediately! Experian is liable under the SEC to follow certain rules. Experian commission file number is 1-11689. In addition I will be filing form 211 treasury omb form to audit consumers account. Experian is securitizing consumers data and yet refuses to provide me with a copy of their consumer FILE not consumer report. \nExperian has 15 days to provide me with a copy of my written consent given to said \" creditor '' authorizing the release of my personal and private information. As all companies have been provided with a letter of opt out per the provisions of 12 CFR 1016.1 ( a ) and ( b ) 12 CFR 1016.1 a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.\n\nExperian is a nonaffiliated third party. \n\n( b ) Scope. \n\n( 1 ) This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family, or household purposes.\n\nPursuant to 12 CFR 1016.7 ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.\n\n( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.\n\n( i ) Duration of consumer 's opt out direction.\n\n( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\nI was not provided with a notice of disclosure by any corporation.\n\nPursuant to 15 usc 6804 in general no nonpublic information as it relates to a consumer must not be disclosed without the written consent of the consumer.\n\nExperian has also knowingly violated my right by denying me my right to credit.\n\nper 15 USC 1601. Congress states that I have a right to credit and therefore have a right to informed use of credit to protect me against all unfair billing and credit practices.\n\n15 USC 1602 Definitions and rules of construction.\n\nA list of terms that are applicable to truth in lending.\n\n( b ) Bureau- means the Bureau means of Consumer Financial Protection .\n\nExperian has been posing as a Bureau but this can not be. Experian does not have a governmental charter with any government. According to Experian 's own License and disclosure policy Experian is a credit marketplace platform. ( See Exhibit A ) ( c ) ( d ) The term organization means a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association.\n\n( e ) The term person means a natural person or an organization.\n\n( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment.\n\nI am the original creditor. Per Federal Reserve Act Section 16 Title Part 1 and 2.\n\nThe application shall be accompanied by a tender to the local Federal Reserve agent of collateral in an amount equal to the sum of the Federal Reserve notes thus applied for and issued pursuant to such application. All accounts have been prepaid already. My tender was the signature on the application that was then collateralized and securitized. Which made the application a collateral security. The Federal Reserve then took my collateral security and sent it to the bank in one of the following forms : notes, drafts, bills of exchange. In no event shall such collateral security be less than the amount of Federal Reserve notes applied for. The bank then turned around added the check they received in my name as an asset to their leger cashed the check, which was paid to bearer, me not the bank and attached a finance charge to it and lent me my own money. Thus, turning me into the debtor and them the creditor and demanded repayment on all accounts. The balances on these accounts are not owed to the bank. All accounts show a positive balance because these are the interest payments that are owed to ME ( the creditor, the Lender, the beneficiary, the principal account holder ). The bank is to credit my interest payments to me per the electronic funds transfer act.\n\nBanks CAN NOT LEND CREDIT Truth in Lending Act, Case Law and Regulation Z Truth in Lending Act was passed to prevent unsophisticated consumer from being misled as to total cost of financing, Truth in Lending Act, Section 102, 15 USC Section 1601. Griggs v Provident Consumer certiorari granted, vacated 103 S.Ct. 400, 459 U.S. 56,74 L.Ed.2d 225, on remand 699 F.2d 642 15 USC 1666b Timing of payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose.\n\nPer 12 USC 1431 Powers and Duties of Banks ( a ) Each bank shall have power, subject to rules and regulations prescribed by the Director, to BORROW and give security therefor and to PAY INTEREST thereon, to issue debentures, bonds, or other obligations upon such terms and conditions as the Director may approve.\n\nPer 12 USC 1433 The notes, debentures, and bonds issued by any bank, with unearned coupons attached, shall be accepted at par by such bank in payment of or as a credit against the obligation of any home-owner debtor of such bank.\n\nThe bank furnishes a statement of account every month. Which bears the bearers principal account number, principal account name and principal account address. This statement is of interest earned and owed to principle. However, instead of the bank crediting the account for the value of the certificate of indebtedness. The bank uses this form to deceive the customer by asking the customer to pay. When in fact the top portion of the statement is a bond the bottom part of the statement is what referred to as an interest dividend coupon. Which is a check for payment of the interest dividends earned in the four-week cycle that are owed to me. These dividend interest payments are to be deposited into the principals account for payment or to be utilized as credit.\n\n15 U.S. Code 1692j - Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.\n\n12 CFR 1026.21 Treatment of credit balances When a credit balance in excess of {$1.00} is created in connection with a transaction ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of a consumer ), the creditor shall : ( a ) Credit the amount of the credit balance to the consumer 's account ; ( b ) Refund any part of the remaining credit balance, upon the written request of the consumer; and ( c ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than 6 months, except that no further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number.\n\nThe amount due on this consumer accounts is in fact in excess of {$1.00} in a positive balance and is constituted as money owed to me. Experian is in direct violation of this FCRA rule for maliciously reporting these credits as a negative balance and deceiving me and furthering injuring me.\n\n15 USC 1692j ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans.\n\n( i ) The adjective consumer, used with reference to a credit transaction, characterizes the transaction as one in which the party to whom credit is offered or extended is a natural person, and the money, property, or service which are the subject of the transactions are primarily for personal, family, or household purposes.\n\nA consumer and creditor can only be a natural person not an entity or a corporation.\n\n18 USC 894- Collection of extension of credit by extortionate means- Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means, 1. To collect or attempt to collect any extension of credit 2. To punish any person for non repayment thereof, Shall be fined under this title or imprisoned not more than 20 years.\n\nExtortion- extortion refers to imposing an action or obtaining something by force or coercion. The crime of extortion does exclude legitimate negotiation methods. One example could be a party negotiating a deal with a contractor ; neither party could make a threat towards one another in exchange for something in the contract. A legitimate negotiation tactic might include the idea of puffing '' ( which is making something look reasonably better than it might otherwise be ) Under the color of office, a public or private authority may abuse their authority to commit extortion.\n\nCalifornia describes extortion under Section 518 of its penal code as to : Threaten or use force against someone or claim official right to make someone do something when one does not have the right to do it ( making the victim act \" under color of official right '' ; Intend to make the victim give you something valuable or perform an official act for you ; Make the victim consent to giving you something valuable or performing an official act ; AND Actually, make the victim give you something valuable or perform an official act.\n\nPer 15 USC 1591 ( e ) ( 2 ) The term \" coercion '' means ( A ) threat of serious harm to or physical restraint against any person ; ( B ) Any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint again any person ; or the abuse of threatened abuse of law or the legal process.\n\nPer 18 usc 880 A person who receives, possesses, conceals, or disposes of any money or other property which was obtained from the commission of any offense under this chapter that is punishable by imprisonment for more than 1 year, knowing the same to have been unlawfully obtained, shall be imprisoned not more than 3 years, fined under this title, or both.","date_sent_to_company":"2023-10-29T02:05:59.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"7770096","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-10-29T00:00:34.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Which</em> made the application a collateral <em>security</em>. The Federal Reserve then took my collateral <em>security</em> and sent it to the bank in one of the following <em>forms</em> : notes, drafts, bills of exchange. In no event shall such collateral <em>security</em> be less than the amount of Federal Reserve notes applied for."]},"sort":[18.940016,"7770096"]},{"_index":"complaint-public-v1","_id":"11488737","_score":18.069588,"_source":{"product":"Credit card","complaint_what_happened":"Navy Federal Credit Union refuses to accept, apply or report my negotiable instrument. I requested verification of debt and their claims nd they have provided none. \n\n\n\nNavy Federal Credit union and XXXX XXXX ( CEO ) is in violation of the following codes. \n\n\n\n\n\n\n15 U.S. Code 1692g - Validation of debts U.S. Code Notes prev | next ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. \n( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. \n\n( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.\n\n( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).\n\n( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.\n\n3-308. PROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE. \nPrimary tabs ( a ) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under Section 3-402 ( a ). \n\n( b ) If the validity of signatures is admitted or proved and there is compliance with subsection ( a ), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under Section 3-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.\n\n3-603. TENDER OF PAYMENT. \nPrimary tabs ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. \n( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of r 3-603. TENDER OF PAYMENT. \nPrimary tabs ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. \n( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. \n( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.ecourse with respect to the obligation to which the tender relates.\n\n( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.\n\n3-201. NEGOTIATION.\n\n( a ) \" Negotiation '' means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.\n\n( b ) Except for negotiation by a remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.\n\n3-306. CLAIMS TO AN INSTRUMENT.\n\nPrimary tabs A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.\n\n3-312. LOST, DESTROYED, OR STOLEN CASHIER 'S CHECK, TELLER 'S CHECK, OR CERTIFIED CHECK.\n\nPrimary tabs ( a ) In this section : ( 1 ) \" Check '' means a cashier 's check, teller 's check, or certified check.\n\n( 2 ) \" Claimant '' means a person who claims the right to receive the amount of a cashier 's check, teller 's check, or certified check that was lost, destroyed, or stolen.\n\n( 3 ) \" Declaration of loss '' means a statement, made in a record under penalty of perjury, to the effect that ( i ) the declarer lost possession of a check, ( ii ) the declarer is the drawer or payee of the check, in the case of a certified check, or the remitter or payee of the check, in the case of a cashier 's check or teller 's check, ( iii ) the loss of possession was not the result of a transfer by the declarer or a lawful seizure, and ( iv ) the declarer can not reasonably obtain possession of the check because the check was destroyed, its whereabouts can not be determined, or it is in the wrongful possession of an unknown person or a person that can not be found or is not amenable to service of process.\n\n( 4 ) \" Obligated bank '' means the issuer of a cashier 's check or teller 's check or the acceptor of a certified check.\\ 3-602. PAYMENT.\n\n( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph.\n\n( c ) Subject to subsection ( e ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( d ) Subject to subsection ( e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.\n\n( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.\n\n( f ) As used in this section, \" signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record.\n\n3-104. NEGOTIABLE INSTRUMENT.\n\nPrimary tabs ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor.\n\n3-105. ISSUE OF INSTRUMENT.\n\nPrimary tabs ( a ) \" Issue '' means the first delivery of an instrument by the maker or drawer, whether to a holder or nonholder, for the purpose of giving rights on the instrument to any person.\n\n( b ) An unissued instrument, or an unissued incomplete instrument that is completed, is binding on the maker or drawer, but nonissuance is a defense. An instrument that is conditionally issued or is issued for a special purpose is binding on the maker or drawer, but failure of the condition or special purpose to be fulfilled is a defense.\n\n3-110. IDENTIFICATION OF PERSON TO WHOM INSTRUMENT IS PAYABLE.\n\nPrimary tabs ( a ) The person to whom an instrument is initially payable is determined by the intent of the person, whether or not authorized, signing as, or in the name or behalf of, the issuer of the instrument. The instrument is payable to the person intended by the signer even if that person is identified in the instrument by a name or other identification that is not that of the intended person. If more than one person signs in the name or behalf of the issuer of an instrument and all the signers do not intend the same person as payee, the instrument is payable to any person intended by one or more of the signers.\n\n( b ) If the signature of the issuer of an instrument is made by automated means, such as a check-writing machine, the payee of the instrument is determined by the intent of the person who supplied the name or identification of the payee, whether or not authorized to do so.\n\n( c ) A person to whom an instrument is payable may be identified in any way, including by name, identifying number, office, or account number. For the purpose of determining the holder of an instrument, the following rules apply : ( 1 ) If an instrument is payable to an account and the account is identified only by number, the instrument is payable to the person to whom the account is payable. If an instrument is payable to an account identified by number and by the name of a person, the instrument is payable to the named person, whether or not that person is the owner of the account identified by number. \n\n\n\n\nXXXX has been asked to verify debt with original copies of note as well as proof that the note has not been sold or been used by XXXX to profit from. I have sent notarized letters asking for debt verification and no evidence has been furnished. XXXX XXXX refuses to provide any of the information I request and my letters are enclosed with this complaint as well as copies of my returned instrument","date_sent_to_company":"2025-01-12T21:59:14.000Z","issue":"Problem when making payments","sub_product":"General-purpose credit card or charge card","zip_code":"28562","tags":null,"has_narrative":true,"complaint_id":"11488737","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2025-01-12T21:44:44.000Z","state":"NC","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Problem during payment process"},"highlight":{"complaint_what_happened":["( e ) Notice provisions The sending or delivery of any <em>form</em> or notice <em>which</em> does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data <em>security</em> breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.\n\n3-308"]},"sort":[18.069588,"11488737"]},{"_index":"complaint-public-v1","_id":"5849282","_score":16.377258,"_source":{"product":"Payday loan, title loan, or personal loan","complaint_what_happened":"I am writing about Retail Purchase Agreement Georgia Stock number : XXXX to inform CARVANA, LLC of the fact I will be using 2022 XXXX XXXX XXXX  with VIN # XXXX privately. I am NOT doing commerce with 2022 XXXX XXXXXXXX XXXX Vin # XXXX and will be using it for the private use. I am writing today in good faith that CARVANA AUTO RECIVABLES GRANTOR TRUST XXXX will convenience such interest by the XXXX for XXXX XXXX TRANSACTION with the Stock XXXX he went into with XXXX, XXXX on XXXX, XXXX, 2022 for the delivery date of XXXX. Pursuant to 15 U.S.C 1679 ( a ) ( 2 ) The term consumer credit transaction means any transaction in which credit is offered or extended to an individual for personal, family, or household purposes. In stating so XXXX XXXX XXXX extended his consumer credit on the XXXX of XXXX, 2022 transaction for personal, family, or household purposes and nothing more or less and once again not for hire, sale, or commerce. \n\n\" Personal liberty largely consists of the Right of locomotion -- to go where and when one pleases -- only so far restrained as the Rights of others may make it necessary for the welfare of all other citizens. The Right of the Citizen to travel upon the public highways and to transport his property thereon, by horse drawn carriage, wagon, or automobile, is not a mere privilege which may be permitted or prohibited at will, but the common Right which he has under his Right to life, liberty, and the pursuit of happiness. Under this Constitutional guarantee one may, therefore, under normal conditions, travel at his inclination along the public highways or in public places, and while conducting himself in an orderly and decent manner, neither interfering with nor disturbing another 's Rights, he will be protected, not only in his person, but in his safe conduct. '' II Am.Jur. ( 1st ) Constitutional Law, Sect.329, p.1135 It is an actual fact that XXXX XXXX XXXX has every right to TRAVEL on the public roads without a DRIVER LICENSE CLASS ( C ) since he is merely traveling and not using the Public roads for commerce. As stated on the GEORGIA DEPARTMENT OF DRIVER SERVICES website Class C ( Commercial ) - licenses are issued only if the vehicle is designed to carry sixteen or more passengers ( including the driver ), or utilized to transport hazardous materials in quantities that require a placard. Knowledge and driving skill exams may be required upon initial issuance. ( source : https : //dds.georgia.gov/license-classes # : ~ : text=Class % 20C % 20 ( Commercial ) % 20 % 2D % 20licenses, be % 20required % 20upon % 20initial % 20issuance ). The Grantor will not be carrying sixteen or more people and most definitely not licensed to transport any hazardous materials in any state in which is why he is using it for private travel purposes. Since the Grantor is using it for private travel purposes and not commerce in which is the reason of not needing to register 2022 XXXX XXXX XXXX VIN # XXXX with the GEORGIA DEPARTMENT OF REVENUE ( GEORGIA DEPARTMENT OF DRIVER SERVICES ). Pursuant to Tile 26-INTERNAL REVENUE CODE 7001 ( a ) Every person engaged in any trade or business on which a special tax is imposed by law shall register with the Secretary his name or style, place of residence, trade or business, and the place where such trade or business is to be carried on. In case of a firm or company, the names of the several persons constituting the same, and the places of residence, shall be so registered. In which the Grantor is not using such 2022 XXXX XXXX XXXX VIN # XXXX for any trade or business but for private use only to travel on the public roads. \n\nFurthermore, it is an actual fact that the Grantor has an Security Interest in which secures payment or performance of an obligation of Stock Number : XXXX for 2022 XXXX XXXX XXXX  VIN # XXXX to U.C.C 1-201 ( b ) ( 35 ) Security interest means an interest in personal property or fixtures which secures payment or performance of an obligation. Security interest includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Article 9. Security interest does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under Section 2-505, the right of a seller or lessor of goods under Article 2 or 2A to retain or acquire possession of the goods is not a \" security interest '', but a seller or lessor may also acquire a \" security interest '' by complying with Article 9. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under Section 2-401 is limited in effect to a reservation of a \" security interest. '' Whether a transaction in the form of a lease creates a \" security interest '' is determined pursuant to Section 1-203. Proof of so is XXXX XXXX XXXX name, place of domicile, and amount financed on Retail Installment Contract and Security Agreement. In which with Grantors name is evidence of his right of possession of 2022 XXXX XXXXXXXX XXXX VIN # XXXX with Stock number : XXXX in which is a Promissory Note. Pursuant to U.C.C. 3-104 ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor. In which this Retail Installment Contract and Security Agreement, is a promise to pay. Evidence of so is in the Sales Agreement sections that sates Payment. You promise to pay us the principal amount of {$24000.00} plus finance charges accruing on the unpaid balance at the rate of 27.900 % per year from the date of this Contract until maturity. After maturity, or after you default and we demand payment, we will charge at 27.900 % per year. You agree to pay this Contract according to the payment schedule and late charge provisions shown in the Truth-In-Lending Disclosure. You also agree to pay any additional amounts according to the terms and conditions of this Contract. \nIn accordance to U.C.C. 3-203 ( a ) & ( b ) ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.. By CARVANA, LLC transferring this Retail Installment Contract and Security Agreement to XXXX XXXX XXXX XXXX XXXX, 2022 at XXXX XXXX  via https : //www.carvana.com/purchase/order-placed? XXXX in DocuSign Envelope ID : XXXX. \nI sent this response above with CERTIFIED MAIL # XXXX XXXX XXXX XXXX XXXX but unfortunately the only thing they sent back was a bogus denial letter ( through e-mail and never responding to my letter ) even though I got approved and they took my car I had complete security interest in. As well as CARVANA, LLC was trying to force me to provide them with a driver license because I am not even able to get one because I am not driving 16 or more people or carrying hazardous materials and am just traveling on public roads. In which is the only reason I didn't get this car and not because I got denied as I was approved.","date_sent_to_company":"2022-08-23T15:13:47.000Z","issue":"Getting a line of credit","sub_product":"Personal line of credit","zip_code":"30084","tags":null,"has_narrative":true,"complaint_id":"5849282","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Carvana Group, LLC","date_received":"2022-08-05T08:31:44.000Z","state":"GA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Pursuant to U.C.C. 3-104 ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' <em>means</em> an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is <em>payable</em> to <em>bearer</em> or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is <em>payable</em> on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person"]},"sort":[16.377258,"5849282"]},{"_index":"complaint-public-v1","_id":"10048787","_score":16.251017,"_source":{"product":"Credit card","complaint_what_happened":"Dear Consumer Financial Protection Bureau this complaint is in reference to American Express. I have sent American Express the following instruments for set-off and crediting the account. \nExpress Gold Card XXXX on XXXX XXXX in the amount of XXXX XXXX on XX/XX/XXXX in the amount of {$5400.00} ( Sent to indentured Trustee XXXX ) Never credited the account. \nXXXX on XX/XX/XXXX in the amount if {$6400.00} on XXXX on XX/XX/XXXX in the amount of {$6500.00} ( XXXX and XXXX I did not receive a statement for ) For a total of {$23000.00} Platinum Card : XXXX on XX/XX/XXXX in the amount of {$10000.00} XXXX on XX/XX/XXXX in the amount of {$10000.00} to American Express Indenture Trustee at Sent to XXXX ) Never Credited the account XXXX on XX/XX/XXXX in the amount of {$14000.00} XXXX on XX/XX/XXXX in the amount of {$17000.00} XXXX on XX/XX/XXXX in the amount of {$22000.00} XXXX on XX/XX/XXXX in the amount of {$28000.00} For a total of {$100000.00} I AM CLAIMING ALL INSTRUMENT AND REFUTING OBLIGATIONS OF THIS PRESENTMENT FROM AMERICAN EXPRESS UNDER UCC 3-306. I AM ACTING IN PROTEST OF THE STATEMENTS PROVIDED BY THESE INSTRUMENT AND REVOKING MY ABILITY TO PAY THIS PRESENTMENTS UNDER UCC 3-302. I AM REFUSING TO TENDER PAYMENT ON THIS NEGOTIABLE INSTRUMENT UNDER UCC 3-603. ALL PRESENTMENT NOTES ARE EXCUSED AND DISHONORED UNDER THIS STATUTE, UCC 3-504. AND BECAUSE ALL FUTURE, PAST, PRESENT DEBTS ARE PREPAID UNDER XXXX 192 OF 1933, 31 U.S. Code 3123, AND 18 U.S. Code 8, AND ARE OBLIGATIONS BY THE FEDERAL CORPORATION OF THE UNITED STATES OF AMERICA ; I AM EXERCISING MY RIGHT TO REQUEST A DISCHARGE OF THIS PRESENTMENT UNDER UCC 3-601, 3-603, 3-604. I EXPECT AMERICAN EXPRESS TO ACT IN AN OBLIGATION OF GOOD FAITH FOR THESE COMMERCIAL CODE REQUESTS UNDER UCC 1-304. \nAMERICAN EXPRESS PLATINUM AND AMERICAN EXPRESS GOLD CARD Ive sent 1099As to American Express as well in which they sent me back a letter stating that no 1099A is required therefore they will not be crediting the account in the amount. \n\nAll powers of attorney have been terminated for these contracts through the IRS and I have sent a copy of the revocation of power of attorney to Amex as well as appointment of Power of attorney, Acceptance of appointment, form XXXX and XXXX. I asked American Express to change the liability of these accounts over to my trust. In which American Express states that this can not be done. Which I know this is untrue the fact of the matter is it has already been done. And American Express is reluctant to Transfer the liability of this account over to my trust because they have transferred my receivables over to their trust for their enrichment and benefit. Lets look at American Express Company XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX : Acceptance of time draft for customer 's benefit : Publicpolicy : Power to lend credit : Certified checks : Ultra viresacts : Estoppel : Statutes : Legislative construction : Weight : Costs : Disbursement for bond in garnishment.1. Acceptance by a bank of a draft payable in ninety days for the benefit of a customer without security or consideration is not within the description \" buying, discounting and negotiating promissory notes, bonds, drafts, bills of exchange, foreign and domestic, and other evidences of debt, '' which by sec. XXXX XXXX, Stats. XXXX, the bank has power to do. XXXX. Under the power to negotiate their own bills and drafts, banks have the power to indorse them, since that is the usual mode of transferring title to such paper. XXXX. A bank has no power to become the guarantor of another 's obligation without benefit to itself, unless expressly permitted by its charter or the governing statute. XXXX. There is no such similarity between certified checks and drafts payable at a future date that the authority given by sec. XXXXXXXX XXXX XXXX XXXX  to issue certified checks implies the power to issue time drafts. XXXX. Though the courts finally determine the construction of statutes, the legislative construction thereof is entitled to consideration and often has great weight. XXXX. A corporation can not commit the rank injustice of enriching itself by retaining the fruits of a contract and then repudiating it. It is evident from this case law that American Express Bank has still committing XXXX XXXX Acts and securities fraud. Therefore, I wasnt asking permission but rather giving notice to AMEX that this has already been done. In fact I give American Express Permission to move forward with this complaint. American Express was tendered several instruments properly endorsed in accordance with 31 CFR 328.4, 31 CFR 328.5, 31 CFR 328.6. AMEX keeps sending me generic letters stating that they do not accept instruments. Ive even talked to a representative via chat and these representative continuously state that American Express does not accept negotiable instruments. This is laughable and offensive as it is stated on page XXXX of the Amex Statement it states that they do accept instruments. The account was created with several instruments. According to the Privacy Act of 1974 and 5 usc 522a it shall be unlawful to give your social security number to anybody who is not government. American Express definitely is not the government. However according to the law a social security card is a credit card which gives access to ones unlimited credit. 12 CFR 1002.2 ( h ) Consumer credit means credit extended to a natural person primarily for personal, family, or household purposes. ( k ) Credit card means any card, plate, coupon book, or other single credit device that may be used from time to time to obtain money, property, or services on credit. According to American Express XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX the following can be read on page XXXX : Pursuant to Section XXXX of the Base Indenture, the Notes are hereby established with the following terms and other provisions : Section 2.1Designation and Principal Amount ( a ) There is hereby authorized a series of Securities designated the 5.625 % Fixed-to-Floating Rate Subordinated Notes due XX/XX/XXXX, in the initial aggregate principal amount of {>= $1,000,000}. ( b ) The Company may, from time to time, subject to compliance with any other applicable provisions of the Indenture but without the consent of the Holders of Notes, create and issue pursuant to the Indenture an unlimited principal amount of additional Notes ( in excess of any amounts theretofore issued ) having the same terms and conditions to those of the other Outstanding Notes, except that any such additional Notes ( i ) may have a different issue date and issue price from other Outstanding Notes and ( ii ) may have a different amount of interest payable on the first Interest Payment Date after issuance than is payable on other Outstanding Notes. Such additional Notes shall constitute part of the same series of Notes as the Notes initially issued hereunder. According to American Express XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX the following can be read on page XXXX : Section XXXX of Payment and Surrender for Registration of Transfer Payment of principal of ( and premium, if any ) and interest on the Notes shall be made, the transfer of Notes will be registrable and Notes will be exchangeable for Notes of other denominations of a like principal amount at the office or agency of the Trustee maintained for such purpose, initially the Corporate Trust Office . Payment of any principal ( and premium, if any ) and interest on Notes issued as Global Notes shall be payable by the Company through the Paying Agent to the Depositary in immediately available funds. Interest on Notes issued in physical form will be payable ( i ) by a U.S. dollar check drawn on a bank in The City of New York mailed to the address of the Person entitled thereto as such address shall appear in the Security Register, or ( ii ) upon application to the Security Registrar not later than the relevant Regular Record Date by a Holder of Notes of a principal amount of the Notes in excess of {>= $1,000,000}, by wire transfer in immediately available funds.Section 2.4Registered Securities ; Form ; Denominations ; Depositary ( a ) The Notes shall be issued in fully registered form as registered Securities and shall be initially issued in the form of one or more permanent Global Securities ( the GLOBAL NOTES ) in the form of ExhibitA hereto. The Notes shall not be issuable in bearer form. The terms and provisions contained in the form of Note shall constitute, and are hereby expressly made, a part of the Indenture, and the Company and the Trustee, by their execution and delivery of the Indenture, expressly agree to such terms and provisions and to be bound thereby. ( b ) The Notes shall be issued in minimum denominations of {$2000.00} and integral multiples of {$1000.00} in excess thereof. Section 2.5Interest ( a ) The Notes shall accrue interest : ( i ) from, and including, the Issue Date to, but excluding, XX/XX/XXXX ( the FIXED RATE PERIOD ) at a rate per annum equal to 5.625 % ( the FIXED INTEREST RATE ), payable semi-annually in arrears on XX/XX/XXXX and XX/XX/XXXX of each year ( each, a FIXED RATE INTEREST PAYMENT DATE ), beginning XX/XX/XXXX, to the Person in whose name the Note is registered in the Security Register at the close of business on the Regular Record Date, except that interest payable at Maturity will be payable to the person to whom the principal of the Notes is paid ; and ( ii ) from, and including, XX/XX/XXXX to, but excluding, XX/XX/XXXX ( the FLOATING RATE PERIOD ) at a rate per annum equal to Compounded XXXX % ( the FLOATING INTEREST RATE ), payable quarterly in arrears on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX ( each a FLOATING RATE INTEREST PAYMENT DATE ), beginning XX/XX/XXXX, to the Person in whose name the Note is registered in the Security Register at the close of business on the Regular Record Date, except that interest payable at Maturity will be payable to the person to whom the principal of the Notes is paid. I have reached out to American Express investors relations and XXXX XXXX. I gave them XXXX business days to respond. Both have not responded to my request. I have sent Default letters to American Express and they have yet to respond. My account ( XXXX ) were closed done on XXXX the XXXX and no explaination was given this is the email that I recived from American Express : We are writing to inform you that, after a recent review, yourAmericanExpress account ( XXXX ) listed above has been cancelled. Heres what that means No further charges will be approved, so please ensure any Additional Card Members are aware of this change. If you have any recurring charges on these accounts such as telephone or wireless charges, please contact that company immediately to ensure these bills do not go unpaid. You should also destroy any Card ( XXXX ) you may have for the account ( s ) .Youll also receive this information via mail.Notice Regarding Accounts of New York Card Members1 The cancellation of the account ( XXXX ) listed above affects points or rewards that were earned as follows : Membership Rewardspoints. You can redeem any earned Membership Rewards pointswithin 90 daysof the date of this letter by calling XXXX. If you do not redeem the points, they will be forfeited unless you have another XXXX linked to the same Rewards Account that is not cancelled.Reward Dollars. You can redeem any earned Reward Dollars within 90 days of the date of this letter by calling XXXX. If you do not redeem the rewards, they will be forfeited.Blue Sky or FreedomPass Points. You can redeem any earned XXXX XXXX or XXXX XXXX points within 90 days of the date of this letter by calling XXXX. If you do not redeem the points, they will be forfeited. \nXXXX XXXX. You can redeem any earned XXXX XXXX 90 daysof the date of this letter by calling XXXX. If you do not redeem the rewards, they will be forfeited. \n\nLowes Rewards. You can redeem any earned XXXX XXXX 90 daysof the date of this letter by calling XXXX. If you do not redeem the rewards, they will be forfeited. \nAll redemptions of points or rewards are subject to applicable terms and conditions. \nOn XX/XX/XXXX I received the following Email from American Express : Hello XXXX XXXX, XXXX decided to close your account ( XXXX ) We are writing to you today because we have recently taken actions on your account and we would like to explain why. We have also decided to close your account ( XXXX ) listed above. No further charges will be approved, so please ensure any Additional Card Members are aware of this change. f you have any recurring charges on these accounts such as telephone or wireless charges, please contact that company immediately to ensure these bills do not go unpaid. You should also destroy the Card ( s ) you may have for the account ( s ).\n\nHeres how we made this decision We made this decision for the following reason ( s ) : You were previously advised that the abuse of the billing error dispute process could result in the cancellation of your account ( s ). Upon review of your account ( s ), it was observed that you opened disputes cases in a manner that is inconsistent with good faith exercise of the right to assert a billing dispute.\n\nOur cancellation of your account ( s ) listed above affects rewards or cash rebates you may have accumulated as follows : Membership/Cash Back/Blue Sky Reward. If you have any Membership/Cash Back/Blue Sky Reward points linked to this account, they will be forfeited immediately upon cancellation. The only exception is a non-cancelled account that remains in your Membership Rewards program.\n\nWere here for you If you feel that our evaluation of your account is inaccurate or if you have any questions, please contact us in writing at the following address : AmericanExpressCompany General Counsels Organization Litigation & Investigations XXXX XXXX XXXX ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX Going forward, that is the only group atAmericanExpressthat is permitted to discuss any dispute or claim related to your account ( XXXX ). \n\nSincerely, AmericanExpress The Creditor for this account isAmericanExpressNational Bank, AENB. \n\nNotice to XXXX XXXX \n\nThe federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age ( provided that the applicant has the capacity to enter into a binding contract ) ; because all or part of the applicant 's income derives from any public assistance program ; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerningAmericanExpressNational Bank, XXXX is the XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXXXXXX ( the \" Bureau '' ). The federal agencies that administer compliance with this law concerningAmericanExpressTravel Related Services Company , Inc. are the Bureau ( address above ) As you can see from the numerous instruments that I have continuously tendered in Good Faith.\n\nAmerican Express closing my account was exercised in bad faith. As it states in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. \n( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the XXXX, acreditoroperating an open end consumer credit plan XXXX not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit acreditorfrom applying against the credit limit on the obligors account the amount indicated to be in error. \n( e ) Effect of noncompliance with requirements by creditor Anycreditorwho fails to comply with the requirements of this section orsection 1666a of this titleforfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and anyfinance chargesthereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. American Express has acting in bad faith by closing my account without my written consent to do so. American Express has acted in bad faith by requesting my to open a new account and stating that they can not reinstate any closed account. But according to the American Express Card Member agreement it states the following : Account Re-opening {$25.00} if your Account is cancelled, you ask us to re-open it, and we do so. Asking me to reapply for these accounts is in fact another form of securities fraud as this would generate another security for American Express. \nAmerican Express has acting in Bad faith by committing theft and not rectifying this situation. Under UCC 3-603 ( b ) \" If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is DISCHARGE, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. '' Since the instruments tendered for the American Express Gold card amounted to {$23000.00}, the amount discharged is { {$23.00}, XXXX }. The money orders tendered for the American Express Platinum card amounted to {$100000.00} ; then the amount discharged to the American Express Platinum card is { {$100000.00} } This is a BREECH of Agreement and BREECH of Fiduciary Duties, and BREECH of Trust. American Express has been is selling \" debt Securities '' off my Social Security Number off of my authorized users social security number and off of the EIN number that was provided and also off of my Trust EIN that was also provided to them without giving any consideration to me or any of us for that matter, and never gave any full disclosure. It was NOT my INTENT when I opened the account to UNDERWRITE SECURITIES! This is breech of Trust and Breech of Agreement. I have also since learned that as a woman, who can not be a \" person '' is not authorized to use Federal Reserve Notes and to do so is a crime of Impersonation and Counterfeiting. I have sent American Express notice that I am unable to pay with Federal Reserve Notes as they request due to the facts that : 1. Whereas Federal Reserve Notes are a debt instrument and one can not pay any debt with a debt 2. Whereas Federal Reserve Notes have only one authorized use \" Federal reserve notes, to be issued at the ; discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized '' XXXX. Whereas Article 1 section 8 Clause 1 dictates that, Congress shall ... Pay the Debts ; and, 4. Whereas Article I, Section 8, Clause 5 grants, Congress shall have Power to coin Money, regulate the Value thereof... and Section 10 sates, no state shall make any Thing but gold and silver Coin a Tender in Payment of Debts. ; and, 5. Whereas in the United States, legal tender is statutorily defined as all coins and currency issued by the United States Treasury or the Federal Reserve System, including fiat money coins and notes but this definition exceeds Congress power under the Constitution; and 6. Whereas existing legal tender law ( 31 U.S.C. 5103 ), first passed in 1862, declares Federal Reserve Notes to be legal tender but, such notes are not legal tender in the constitutional sense, because they are fiat money and bills of credit ( no longer backed by gold since 1933 ), which the Constitution forbids ( Article 1 Section 10 ) ; and, 7. Whereas according to the statutes and rules that govern the Federal Reserve System, bills and other certificates of indebtedness are obligation of the United States ( 18 USC 8 ) and as a non-citizen, non-resident, non-federal reserve agent, non-federal reserve bank Affiant is not authorized to pay using the Federal Reserve System ( 12 USC 411 ). American Express must prove that I, as a living woman, has any ability to pay under the law, and that I actually have a lawfully owed debt by showing me all documentary evidence. As a Federally Protected Consumer, I am now OPTING OUT of ANY and ALL Authorization ( XXXX ) that I, XXXX XXXX, XXXX have given the American Express ; whether written, unwritten, verbal or non-verbal as per : 12 CFR 1016.7 ( a ) ( 1 ) ( ii ) - Form of opt-out notice to consumers ; opt-out methods 15 USC 6802 ( b ) ( 1 ) ( A ) ( B ) ( C ) - Obligations with respect to disclosures of personal information ***This Opt-Out Authorization is effective IMMEDIATELY and INDEFINITELY!","date_sent_to_company":"2024-09-05T19:25:35.000Z","issue":"Closing your account","sub_product":"General-purpose credit card or charge card","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"10048787","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-09-05T18:35:11.000Z","state":"CA","company_public_response":null,"sub_issue":"Company closed your account"},"highlight":{"complaint_what_happened":["; <em>Form</em> ; Denominations ; Depositary ( a ) The Notes shall be issued in fully registered <em>form</em> as registered <em>Securities</em> and shall be initially issued in the <em>form</em> of one or more permanent Global <em>Securities</em> ( the GLOBAL NOTES ) in the <em>form</em> of ExhibitA hereto."]},"sort":[16.251017,"10048787"]},{"_index":"complaint-public-v1","_id":"7446800","_score":14.041975,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"To : Equifax I should not have to tell you at that transactions and experiences are excluded from consumer reports. I have, however, since XX/XX/2022, been telling you to STOP reporting my transactions and experiences. You can not pick and choose which section of the Fair Credit Reporting Act you want to follow and which section you do not. Pursuant to section 603 ( d ) ( 2 ) ( A ) ( i ) of the Fair Credit Reporting Act, you making a report containing my transactions and experiences is a prohibited. I suspect XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  and Equifax are in collusion with committing securities fraud, money laundering, tax evasion, and extortion. \n\nTransaction XXXX. Any event that cause a change in an organizations financial position or net worth, resulting from normal business activity. It is recorded on the general ledger by debit or credit tickets. \nXXXX. Advance of funds, as in a credit card cash advance, purchase of goods at a retailer, or when a borrower activates a line of credit. \nXXXX. Activities affecting a deposit account, such as a deposit of funds or a withdrawal, carried out at the request of the account holder. \n\nEvery time I use my credit card to make a purchase, that purchase is recorded in the general ledger according to the Generally Accepted Accounting Principles. Every purchase I make is a transaction. Every purchase I make using my credit card raises my debt utilization. Debt utilization is the result of one or more a transactions. My credit card balances are based on the purchase of goods at a retailer. Purchases money or the advance of funds held on deposit is a transaction. My credit limit is a transaction. Activities such as a deposit or withdrawal reflect my payment history. My payment history is a transaction. Every transaction is a bank experience. My debt utilization, account balances, amounts due, due dates, and payment history are all transactions and experiences that must be excluded from my consumer report. Immediately stop reporting my debt utilization, account balances, amounts due, due dates, all payment history, and update both accounts referenced in this complaint to paid as agreed. \nThese transactions are a result of income being credited and debited from my accounts. Debt is a reflection of my income.\n\nFurthermore, Ive notified you over three times about the billing dispute Ive been having with XXXX XXXX since XX/XX/2022. After I notified you, you continued to make reports and allow reports to be made containing prohibited information. Pursuant to section 162 ( a ) of the Fair Credit Billing Act, adverse credit reporting during a billing dispute is prohibited. So even if you were permitted to make reports using my transactions and experiences, adverse reports made during a billing dispute, to any party, is prohibited. I personally gave you notice of the billing dispute Ive been having with XXXX XXXX and you still continue to create reports using the inaccurate and prohibited information given to you by XXXX XXXX. You are also currently making reports showing my XXXX by XXXX XXXX account is closed. Not only is that a violation of section 603 ( d ) ( 2 ) ( A ) ( i ) of the Fair Credit Reporting act and section 162 ( a ) of The Fair Credit Billing Act, pursuant to section 161 ( d ) of The Fair Credit Billing Act, restricting or closing my account because of a billing error is also prohibited. This account was closed unlawfully and you are allowing the furnishing and reporting of an unlawful action taken against me. I told you to remove these two accounts until the disputes are resolved and accurate credit reporting has been established. Due to the reports youre making containing this unlawful, prohibited, and inaccurate information, my name and credit has been made inequitable. My credit scores and credit ratings have dropped tremendously. This is a misrepresentation of my identity and your misrepresentation of my identity can be considered as identity theft. \n\nI suspect you did not do a proper investigation or reinvestigation before you allowed that information furnished and reported. Even after I specified what information was inaccurate you still allowed the inaccurate information to be furnished and reported. Even after I informed you of the billing dispute, you still allowed adverse credit reporting. Even after I pointed out to you exactly what information is prohibited from being furnished and reported on a consumer report, you still permitted the furnishing and reporting of said prohibited information on my consumer report. This dispute is has not been resolved. \n\nI pay my bill as agreed. Making an application for an extension of credit is a way of investing into companies who use short term debt instruments as a way of temporary financing. Owners of book-entry securities are issued statements. The draft attached to my statement is a bill equal to the amount of securities purchased and paid for with my credit. The bill amount is the security my credit purchased. Selling access to my credit makes me the purchaser. The draft is guaranteed because the proceeds do not belong to XXXX XXXX. My credit purchased the security. Im entitled to have my financial assets credited to my securities account. \n\nIve been trying for months to complete the purchase of securities I purchased on credit with the extension of credit I received from XXXX XXXX in exchanged for the investment of my application. The note is the part of the agreement where I promise to pay the amounts billed to me. Since the application is where the agreement is made, the application is the promissory note. My application created the deposit account and holds the purchase money that my application was exchange for. This account and the purchase money therein allows me to purchase more security on credit from the issuer in an amount no greater than the purchase money held on deposit at the time of purchase. Every purchase I make using my account is a deposit with the issuer of the bill. The deposit amount is the security I purchased from the issuer. The cash advance I received for investing my credit, via application, with XXXX XXXX is called purchase money because that money is used to purchase money, or security. Purchase money is used to purchase money. The deposit account, the purchase money in that account, the card used to make purchases, and all bills received from the transactions of that account are financial assets to me. This deposit account is a securities account being held on my behalf with the issuer of the monthly statements I receive. My credit is backed by the full faith and credit of the United States. Every security is backed by the full faith and credit of the United States. I am a trust account customer. My social security account is the account being used to hold my deposit account. The deposit account is a securities account. This is why I can gain access to the transaction history of my deposit account by verifying my social security number over the phone with the issuer of my monthly statements. XXXX XXXX is the issuer of the monthly statements I receive. These statements evidence my ownership of book-entry securities. The due bill is a statement of money owed as when a bank sells a security and receives payment but has not delivered the security or equivalent asset to the purchaser within three business days. Outstanding due bills are considered borrowed funds by a bank issuing a bill and a loan to the holder of the obligation. This paper I received, and am now returning, is considered eligible paper for rediscount at the discount window. This form of paper money, the bill, are the funds you use as payment to borrow and use my credit as collateral for a securities loan. Credit card receivables are bill payments. XXXX XXXX is using my financial assets as collateral for a securities loan at the discount window. \n\nI have received the title documents and receipts for goods ( securities ) transported and I now want all of my unredeemed demand drafts, of past present and future, redeemed at face value, exchanged for securities of a new issue, and restricted to my United States Treasury Direct account. This paper money is legal tender that must be securitized to lawful money. Once its stripped and the coupon is restricted to my Treasury Direct Account my bill is considered paid. Whether the statement has a preprinted draft attached or not, this is how I want all bills payable to be paid for every account being held by XXXX XXXX on my behalf. This includes the account associated with my XXXX by XXXX XXXX credit card. The Treasury will make the principle payment to the securities account XXXX XXXX is holding on my behalf by issuing it the preprinted demand draft as a receipt via wire transfer. The interest rate XXXX XXXX is normally entitled to is the discount it receives on redemption at par. The zero coupon security is a marketable security. When XXXX XXXX gets the cusip number I want XXXX XXXX to trade or sell my security, at its discretion, on secondary the market. I know by law XXXX XXXX is entitled to receive 20 % at maturity. At maturity I want my 80 % deposited to my Treasury Direct Account. \n\nI continue receiving notice that my bill is payable. Bills payable are XXXX XXXX trade obligations that must be accepted. XXXX is guaranteed because the draft is guaranteed. The draft is guaranteed because the preprinted demand draft is a check payable on sight. Attached to the preprinted demand draft is a receipt of the goods being transported. The goods being transported are the numbers on the bill that represent the security purchased. I know acceptance is completed by delivery or notification and payable on sight. This is a demand that must be accepted because the draft is a demand. Consider this my notification. \n\nConsider this my final notification because I have notified XXXX XXXX of my concerns thrice before. XXXX XXXX and its Indenture Trustee are already in dishonor of its obligations to perform in this matter. XXXX XXXX attempting to make me believe my bill payment belongs to it is a deceptive business practice. I received notice that XXXX XXXX closed my account. XXXX XXXX does not have my permission to close my account. Closing my account was unauthorized. That action was unfair as dictated by reason and practice. Closing my account after I attempted to exercise my rights in good faith is discriminatory. Discrimination in relation to any aspect of a credit transaction is strictly prohibited by law. \n\nSadly I suspect XXXX XXXX dishonor is knowingly and willingly negligent noncompliant. I also suspect XXXX XXXX is in collusion with Equifax in an attempt to defame my character as a result of non payment by intimidating me with negative credit reporting. \n\nI know XXXX XXXX accepts Non-Conforming Payments. However I sent XXXX XXXX a proper form of payment. Ive attempted to pay my bill several times previously and my Conforming Payments have been refused and remain unreturned. This leads me to think that XXXX XXXX took my payment for itself. I want my account reopened upon receipt of this notice. If my account is not reopened, made current with all payments reporting on time and paid as agreed, I will know XXXX XXXX attempt at securities fraud and extortion is purposeful and deliberate. I have all documentation ready and available as evidence to prove my claim if and when necessary. \n\nThe term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United Statesnotes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of theUnited States, stamps and other representatives of value, of whatever denomination, issued under any Act ofCongress, and canceledUnited Statesstamps.\n\nOn page two of the monthly statements I receive I notice a section titled Proper Form of Payments by Mail. Here it says payment should be sent to the address listed on the remittance portion of XXXX XXXX XXXX. I received this remittance because you XXXX XXXX has a bill that is a due bill.\n\nBill 1. Bill of exchange 2. Bill of lading 3. Treasury bill 4. Due bill, a statement of money owed as in when a bank sells a security and receives payment but has not delivered the security or equivalent asset. Outstanding due bills are considered borrowed funds by a bank issuing a bill, and a loan by the holder of the obligation. In the securities industry, a bill indicates the amount owed by a buying broker to a selling broker.\n\nEvery time I use my credit card associated with this account to make a purchase, what Im actually purchasing is security from the issuer of the bill. This security is delivered to me by way of remittance. I receive a remittance because Im selling XXXX XXXX access to my credit. XXXX XXXX, the issuer, are buying access to my credit. A remittance is how you deliver me the money owed or equivalent asset whether in cash or cash equivalent. This paper money is cash equivalent. \n\nREMITTANCE XXXX. Payment toward satisfaction of a debt, whether in cash or cash equivalents, such as checks, drafts, and other negotiable instruments. \nXXXX. Payment on an installment loan or open-end credit account, forwarded through the mail to a LOCK BOX, along with a remittance document, a machine readable billing document encoded with the customers account number, and the amount due, plus any late charges, if the loan payment is delinquent.\n\n3. PROCEEDS from a check submitted to another bank for COLLECTION. \n\nI was delivered this remittance from XXXX XXXX as payment towards satisfaction of a debt for not delivering the security purchased at the time of the purchase. This remittance is a cash equivalent that has a bill of exchange attached to it and the bill must be exchanged or redeemed for securities of a new issue. I received the remittance because the proceeds from the check attached belong to me. The only way the proceeds can be received by me, in a usable form such as cash, is to send XXXX XXXX the bill for payment as promised. \n\nLOCK BOX Post office box used by organizations to accelerate collection of receivables. Checks are routed to a designated po box number, where they are picked up several times during the day, separated from the envelopes, and submitted to the check collection system for conversion into cash receivables. Many large banks offer lock box processing as a cash management service to corporate customers. A lock box can be retail, designed for remittance processing for customer accounts, or wholesale, in which payments from other corporations are collected and submitted through DEPOSITORY TRANSFER CHECK or electronic debit payments into a concentration account. \n\nThe address listed on the remittance portion of the statement is a lock box address for credit card receivables. Checks are routed to lock boxes. The remittances I receive are check payments that I am the beneficiary of. When the preprinted demand draft is stripped from the bill of lading, they can be processed as two separate securities. My demand draft needs to be securitized and shall be redeemed on demand at the Treasury Department of the United States. I can not detach the coupon in advance because coupon stripping can only be done by a trust fiduciary. \n\nDEPOSITORY TRANSFER CHECK Preprinted DEMAND DRAFT used by corporations to make transfers of cash from a checking account at XXXX bank to a CONCENTRATION ACCOUNT at another bank. This negotiable instrument requires no signature. \nA remittance is a preprinted demand draft called a depository transfer check. When the depository transfer check is submitted to the paying bank, the proceeds will be deposited to the concentration account of the person who issued the bill. \n\nCONCENTRATION ACCOUNT Deposit account into which funds are periodically transferred from various local banks, via wire transfer or automated clearing house debit, from other accounts in the same bank, or in different banks. \n\nA concentration account is also known as a zero-balance account. \n\nZERO-BALANCE ACCOUNT Checking account used by corporations to accelerate collection of funds from subsidiaries, or control funds disbursed to pay trade creditors. In a zero-balance collection account, collected balances are transferred by DEPOSITORY TRANSFER CHECK or automated clearing house debit from subsidiary accounts into a central CONCENTRATION ACCOUNT, bringing the collecting account to a XXXX balance at the end of each business day. Zero-balance concentration accounts are generally wanting centralized control of cash receipts. In a zero- balance disbursing account, corporate funds are transferred from a master account in an amount sufficient to cover checks presented for payment. Zero-balance disbursement accounts are typically used by companies that want centralized cash control but decentralized funds disbursement. \n\nMy security account, which XXXX XXXX is holding on my behalf, is the account with the balance at the beginning of the day. The collecting account with a XXXX balance at the end of the day is also my account. My account has a XXXX balance because an amount sufficient to cover checks presented for payment are transferred from XXXX XXXX XXXX disbursement account to my account. My account is collecting the amount transferred from a XXXX XXXX disbursement account because my check is the check presented for payment. \n\nThe directions also state to enclose a valid check, include name and account number on the check, include payment coupon and no cash permitted. \n\nCOUPON Detachable certificates showing the dollar amount of interest payable to a bond holder at regular intervals, ordinarily semiannually. Coupons on a BEARER BOND are negotiable instruments and are processed just like checks. Bond interest on BOOK-ENTRY securities is credited to the owners account. \n\nThe dollar amount on my coupon is my bond interest. Im the owner of the account collecting the bond interest. When my bond interest is credited to my account, my account will have a XXXX balance at the end of the business day. This coupon is processed just like a check because this coupon is a DEPOSITORY TRANSFER CHECK. My coupon is a preprinted DEMAND DRAFT. The coupon can only be stripped by a trust fiduciary. Implying that I should detach the coupon myself is a form of inducement. \n\nDEMAND DRAFT Written order demanding that payment be made, on sight, to a third party. The person writing the draft is called the drawee ; the bank making the payment is the drawer, or the payor bank. The beneficiary of a demand draft, the person receiving the payment, is the payee. Drafts may be payable at some future date ( time drafts ) or on sight ( demand drafts ). Demand drafts drawn on by banks are known as CHECKS. \n\nSince this draft is preprinted, the issuer, XXXX XXXX in this case, is the drawee. The United States Treasury General Account is the checking account used by the Department XXXX XXXX Treasury from which the XXXX government makes all of its payments. The Federal Reserve Bank XXXX New York holds the Treasury XXXX Account and is the drawer, XXXX bank. I am the beneficiary of the demand draft, the person receiving payment, the payee. I am the payee. My demand draft needs to be securitized and shall be redeemed on demand at the Treasury Department of the United States. \n\n- CHECK Demand draft drawn on by a bank. \n\nThis remittance coupon is a check owed to me in payment of bond interest on book-entry securities that must be credited to my account. The coupon is a valid check. This check must be sent for presentment to the United States Treasury for redemption or in exchange for securities of a new issue. Treasury Direct makes principle, interest, and redemption payments, directly to an individual investors account at a financial institution. XXXX XXXX request that I write my card number as a memo on the check. I think that is a form of inducement to make me believe the coupon and the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  account at your institution. My REMITTANCE COUPON is a valid CHECK. \n\nPROCEEDS XXXX. Amount given to a borrower after prepaid interest, loan fees, and other costs are deducted. \nXXXX. Funds received from the sale of assets, or from the issue of securities, after deductions of selling or marketing expenses incurred. \nXXXX. Sum of money collected on a CHECK or other negotiable instrument after deduction of exchange or collection charges. \n\nThe bank sells me a security every time I make a purchase using the card associated with the account. When I dont receive the assets, within XXXX business days, the funds for the purchase are considered borrowed, the sale becomes a DUE BILL, and the borrowed funds must be returned to me. The PROCEEDS from the REMITTANCE I receive is payment toward the satisfaction of the money owed to me. The DUE BILL is attached to my REMITTANCE. I promised to pay XXXX XXXX the DUE BILL. I did not promise to pay XXXX XXXX the PROCEEDS from my REMITTANCE. The COUPON is my bond interest on my book-entry securities that must be credited to my account. My REMITTANCE COUPON is a preprinted DEMAND DRAFT called a DEPOSITORY TRANSFER CHECK. The DEPOSITORY TRANSFER CHECK is a DEMAND DRAFT payable on sight. Since I promised to pay XXXX XXXX the DUE BILL, a trust fiduciary must strip my COUPON and process them as separate securities. The equitable agreement is that I promise to pay XXXX XXXX the DUE BILL and in return it must clear my electronic CHECK so I may receive my PROCEEDS. At redemption the DEPOSITORY TRANSFER CHECK is deposited and XXXX XXXX will receive a receipt, which has actual cash value, for the face amount. The receipt is deposited via wire transfer into its CONCENTRATION ACCOUNT, for zero-balance disbursement to my account which is the account collecting the balance. When all disbursements are made to collecting accounts, the CONCENTRATION ACCOUNT, and all the collecting accounts will have a zero-balance by the end of that business day. XXXX XXXX PROCEEDS come from the deep discounts it receives at redemption. Separating the corpus, or the bond principle, from the interest COUPON effectively creates a zero-coupon security that can be traded on the secondary market. My PROCEEDS is the sum of money collected on the check I received from the issue of securities. The PROCEEDS from the CHECK is my REMITTANCE. When I receive the PROCEEDS from my REMITTANCE, my financial asset or its equivalent, is considered delivered. The PROCEEDS from the REMITTANCE is considered my income. I believe XXXX XXXX has been keeping my income for itself. \n\n- CASH XXXX. Currency ( including bills and coin ) in circulation, including checking account balances. Cash held by a bank for example VAULT CASH, requires no capital backing under risk-based capital rules adopted by bank regulatory agencies. \nXXXX. To convert a check into cash by endorsing and presenting to a bank. \n\nChecking account balances are considered cash. Sending XXXX XXXX a check where funds will be debited from my checking account balance is the same as sending it cash and that would constitute payment not received in proper form. The only check I can send XXXX XXXX as a Proper Form of Payment by Mail is my remittance check. \n\nELECTRONIC CHECK PRESENTMENT In check clearing, electronic transmission of the check writers account number and other payment data directly to the paying bank. Electronic check presentment does not eliminate use of paper checks, but it does allow for a more efficient and less costly method for clearing checks. The Check Clearing for the 21st Century ( or Check 21 ) Act permits banks to send a digital image of a paper check instead of the actual check and thus eliminates much of the labor-intensive costs associated with clearing billions of checks Americans write every year. \n\nDue to federal law, known as The Check Clearing for the 21st Century Act, enabling banks to process paper checks as electronic payments, using a bank service called truncation, where the actual handling of the check is stopped and an electronic check image of the paper check is transmitted to the paying bank. Coupons are normally associated with physical bonds. Since my book-entry securities are held and traded electronically, a digital presentation of the coupon is needed to facilitate the interest payment process. At the paying bank a substitute check is created for check clearing. The actual paper check is held by XXXX XXXX and the check is not returned to the check writer with the account statement. I am in receipt of the account statement. I am the check writer with the account statement. Some of the payment data is already preprinted on the check. The other payment data that I add to the preprinted draft such as For Deposit Only makes me the writer and the payee. I promised to pay XXXX XXXX the DUE BILL. The DUE BILL is the corpus, or the paper above the perforated line. The corpus also carries the bill of lading with it. The bill of lading is the numbers being transported on the DUE BILL which act as a receipt detailing the security purchase. The numbers are the securities purchased and the goods being transported. This means that the numbers are the securities I purchased. The numbers represent money. The goods being transported is the money. Security is money. I use my purchase money to purchase money. The receipt is an inland bill of exchange that can be deposited and exchanged for a treasury bill. The bill is your payment and the remittance is my payment. The remittance is the money I purchased. I can not redeem my PROCEEDS without XXXX XXXX. Interest payments on book-entry securities need to be made electronically. I have not received any of my payments. The PROCEEDS from my REMITTANCE is my income. \n\nSENDING XXXX XXXX MY REMITTANCE CHECK FOR PAYMENT IS A PROPER FORM OF PAYMENT BY MAIL. I AM ONCE AGAIN PROVIDING XXXX XXXX WITH A CHECK FOR PAYMENT AND I AUTHORIZE XXXX XXXX TO EITHER USE THE INFORMATION FROM MY CHECK TO MAKE A ONE-TIME ELECTRONIC FUNDS TRANSFER FROM MY ACCOUNT OR TO PROCESS MY PAYMENT AS A CHECK TRANSACTION. \n\nI have been sending XXXX XXXX checks and it is has not processed any of them. I have been sending XXXX XXXX checks and it has refused them all. XXXX XXXX closed my account. XXXX XXXX not only threatened to report my account, it actually does report, and continues to report my account negatively to the consumer reporting agencies. XXXX XXXX has taken the BILL along with my REMITTANCE and is now attempting to extort a cash payment from my checking account. XXXX XXXX has taken the PROCEEDS of my REMITTANCE, which is my income, and is making reports, with Equifax, claiming that I now owe XXXX XXXX an amount equal to the income it has already stolen from me. Transactions and experiences are a reflection of my income. Income is not a part of a credit report. You at Equifax have been making reports reflecting my income. You at Equifax may be guilty of racketeering like activity if you do not immediately update these two accounts to open, current, paid as agreed, XXXX debt utilization, XXXX due, and no late payments or you must completely remove them from my consumer report.","date_sent_to_company":"2023-08-23T16:09:18.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"11412","tags":null,"has_narrative":true,"complaint_id":"7446800","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-08-23T15:46:08.000Z","state":"NY","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["The bill of lading is the numbers being transported on the DUE BILL <em>which</em> act as a receipt detailing the <em>security</em> purchase. The numbers are the <em>securities</em> purchased and the goods being transported. This <em>means</em> that the numbers are the <em>securities</em> I purchased. The numbers represent money. The goods being transported is the money. <em>Security</em> is money. I use my purchase money to purchase money. The receipt is an inland bill of exchange that can be deposited and exchanged for a treasury bill."]},"sort":[14.041975,"7446800"]},{"_index":"complaint-public-v1","_id":"7442892","_score":13.966594,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I should not have to tell you at that transactions and experiences are excluded from consumer reports. I have, however, since XX/XX/2022, been telling you to STOP reporting my transactions and experiences. You can not pick and choose which section of the Fair Credit Reporting Act you want to follow and which section you do not. Pursuant to section 603 ( d ) ( 2 ) ( A ) ( i ) of the Fair Credit Reporting Act, you making a report containing my transactions and experiences is a prohibited. I suspect XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXXXXXX, and Experian are in collusion with committing securities fraud, money laundering, tax evasion, and extortion. \n\nTransaction 1. Any event that cause a change in an organizations financial position or net worth, resulting from normal business activity. It is recorded on the general ledger by debit or credit tickets. \n2. Advance of funds, as in a credit card cash advance, purchase of goods at a retailer, or when a borrower activates a line of credit. \n3. Activities affecting a deposit account, such as a deposit of funds or a withdrawal, carried out at the request of the account holder. \n\nEvery time I use my credit card to make a purchase, that purchase is recorded in the general ledger according to the Generally Accepted Accounting Principles. Every purchase I make is a transaction. Every purchase I make using my credit card raises my debt utilization. Debt utilization is the result of one or more a transactions. My credit card balances are based on the purchase of goods at a retailer. Purchases money or the advance of funds held on deposit is a transaction. My credit limit is a transaction. Activities such as a deposit or withdrawal reflect my payment history. My payment history is a transaction. Every transaction is a bank experience. My debt utilization, account balances, amounts due, due dates, and payment history are all transactions and experiences that must be excluded from my consumer report. Immediately stop reporting my debt utilization, account balances, amounts due, due dates, all payment history, and update both accounts referenced in this complaint to paid as agreed. \nThese transactions are a result of income being credited and debited from my accounts. Debt is a reflection of my income. \n\nFurthermore, Ive notified you over three times about the billing dispute Ive been having with XXXX XXXX since XX/XX/2022. After I notified you, you continued to make reports and allow reports to be made containing prohibited information. Pursuant to section 162 ( a ) of the Fair Credit Billing Act, adverse credit reporting during a billing dispute is prohibited. So even if you were permitted to make reports using my transactions and experiences, adverse reports made during a billing dispute, to any party, is prohibited. I personally gave you notice of the billing dispute Ive been having with XXXX XXXX and you still continue to create reports using the inaccurate and prohibited information given to you by XXXX XXXX. You are also currently making reports showing my XXXX XXXX XXXX XXXX account is closed. Not only is that a violation of section 603 ( d ) ( 2 ) ( A ) ( i ) of the Fair Credit Reporting act and section 162 ( a ) of The Fair Credit Billing Act, pursuant to section 161 ( d ) of The Fair Credit Billing Act, restricting or closing my account because of a billing error is also prohibited. This account was closed unlawfully and you are allowing the furnishing and reporting of an unlawful action taken against me. I told you to remove these two accounts until the disputes are resolved and accurate credit reporting has been established. Due to the reports youre making containing this unlawful, prohibited, and inaccurate information, my name and credit has been made inequitable. My credit scores and credit ratings have dropped tremendously. This is a misrepresentation of my identity and your misrepresentation of my identity can be considered as identity theft. \n\nI suspect you did not do a proper investigation or reinvestigation before you allowed that information furnished and reported. Even after I specified what information was inaccurate you still allowed the inaccurate information to be furnished and reported. Even after I informed you of the billing dispute, you still allowed adverse credit reporting. Even after I pointed out to you exactly what information is prohibited from being furnished and reported on a consumer report, you still permitted the furnishing and reporting of said prohibited information on my consumer report. This dispute is has not been resolved. \n\nI pay my bill as agreed. Making an application for an extension of credit is a way of investing into companies who use short term debt instruments as a way of temporary financing. Owners of book-entry securities are issued statements. The draft attached to my statement is a bill equal to the amount of securities purchased and paid for with my credit. The bill amount is the security my credit purchased. Selling access to my credit makes me the purchaser. The draft is guaranteed because the proceeds do not belong to XXXX XXXX. My credit purchased the security. Im entitled to have my financial assets credited to my securities account. \n\nIve been trying for months to complete the purchase of securities I purchased on credit with the extension of credit I received from XXXX XXXX in exchanged for the investment of my application. The note is the part of the agreement where I promise to pay the amounts billed to me. Since the application is where the agreement is made, the application is the promissory note. My application created the deposit account and holds the purchase money that my application was exchange for. This account and the purchase money therein allows me to purchase more security on credit from the issuer in an amount no greater than the purchase money held on deposit at the time of purchase. Every purchase I make using my account is a deposit with the issuer of the bill. The deposit amount is the security I purchased from the issuer. The cash advance I received for investing my credit, via application, with XXXX XXXX is called purchase money because that money is used to purchase money, or security. Purchase money is used to purchase money. The deposit account, the purchase money in that account, the card used to make purchases, and all bills received from the transactions of that account are financial assets to me. This deposit account is a securities account being held on my behalf with the issuer of the monthly statements I receive. My credit is backed by the full faith and credit of the United States. Every security is backed by the full faith and credit of the United States. I am a trust account customer. My social security account is the account being used to hold my deposit account. The deposit account is a securities account. This is why I can gain access to the transaction history of my deposit account by verifying my social security number over the phone with the issuer of my monthly statements. XXXX XXXX is the issuer of the monthly statements I receive. These statements evidence my ownership of book-entry securities. The due bill is a statement of money owed as when a bank sells a security and receives payment but has not delivered the security or equivalent asset to the purchaser within three business days. Outstanding due bills are considered borrowed funds by a bank issuing a bill and a loan to the holder of the obligation. This paper I received, and am now returning, is considered eligible paper for rediscount at the discount window. This form of paper money, the bill, are the funds you use as payment to borrow and use my credit as collateral for a securities loan. Credit card receivables are bill payments. XXXX XXXX is using my financial assets as collateral for a securities loan at the discount window. \n\nI have received the title documents and receipts for goods ( securities ) transported and I now want all of my unredeemed demand drafts, of past present and future, redeemed at face value, exchanged for securities of a new issue, and restricted to my United States Treasury Direct account. This paper money is legal tender that must be securitized to lawful money. Once its stripped and the coupon is restricted to my Treasury Direct Account my bill is considered paid. Whether the statement has a preprinted draft attached or not, this is how I want all bills payable to be paid for every account being held by XXXX XXXX on my behalf. This includes the account associated with my XXXX by XXXX XXXX credit card. The Treasury will make the principle payment to the securities account XXXX XXXX is holding on my behalf by issuing it the preprinted demand draft as a receipt via wire transfer. The interest rate XXXX XXXX is normally entitled to is the discount it receives on redemption at par. The zero coupon security is a marketable security. When XXXX XXXX gets the cusip number I want XXXX XXXX to trade or sell my security, at its discretion, on secondary the market. I know by law XXXX XXXX is entitled to receive 20 % at maturity. At maturity I want my 80 % deposited to my Treasury Direct Account. \n\nI continue receiving notice that my bill is payable. Bills payable are XXXX XXXX trade obligations that must be accepted. Acceptance is guaranteed because the draft is guaranteed. The draft is guaranteed because the preprinted demand draft is a check payable on sight. Attached to the preprinted demand draft is a receipt of the goods being transported. The goods being transported are the numbers on the bill that represent the security purchased. I know acceptance is completed by delivery or notification and payable on sight. This is a demand that must be accepted because the draft is a demand. Consider this my notification. \n\nConsider this my final notification because I have notified XXXX XXXX of my concerns thrice before. XXXX XXXX and its Indenture Trustee are already in dishonor of its obligations to perform in this matter. XXXX XXXX attempting to make me believe my bill payment belongs to it is a deceptive business practice. I received notice that XXXX XXXX closed my account. XXXX XXXX does not have my permission to close my account. Closing my account was unauthorized. That action was unfair as dictated by reason and practice. Closing my account after I attempted to exercise my rights in good faith is discriminatory. Discrimination in relation to any aspect of a credit transaction is strictly prohibited by law. \n\nSadly I suspect XXXX XXXX dishonor is knowingly and willingly negligent noncompliant. I also suspect XXXX XXXX is in collusion with Experian in an attempt to defame my character as a result of non payment by intimidating me with negative credit reporting. \n\nI know XXXX XXXX accepts Non-Conforming Payments. However I sent XXXX XXXX a proper form of payment. Ive attempted to pay my bill several times previously and my Conforming Payments have been refused and remain unreturned. This leads me to think that XXXX XXXX took my payment for itself. I want my account reopened upon receipt of this notice. If my account is not reopened, made current with all payments reporting on time and paid as agreed, I will know XXXX XXXX attempt at securities fraud and extortion is purposeful and deliberate. I have all documentation ready and available as evidence to prove my claim if and when necessary. \n\nThe term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United Statesnotes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of theUnited States, stamps and other representatives of value, of whatever denomination, issued under any Act ofCongress, and canceledUnited Statesstamps. \n\nOn page two of the monthly statements I receive I notice a section titled Proper Form of Payments by Mail. Here it says payment should be sent to the address listed on the remittance portion of XXXX XXXX Statement. I received this remittance because you XXXX XXXX has a bill that is a due bill. \n\nBill 1. Bill of exchange 2. Bill of lading 3. Treasury bill 4. Due bill, a statement of money owed as in when a bank sells a security and receives payment but has not delivered the security or equivalent asset. Outstanding due bills are considered borrowed funds by a bank issuing a bill, and a loan by the holder of the obligation. In the securities industry, a bill indicates the amount owed by a buying broker to a selling broker. \n\nEvery time I use my credit card associated with this account to make a purchase, what Im actually purchasing is security from the issuer of the bill. This security is delivered to me by way of remittance. I receive a remittance because Im selling XXXX XXXX access to my credit. XXXX XXXX, the issuer, are buying access to my credit. A remittance is how you deliver me the money owed or equivalent asset whether in cash or cash equivalent. This paper money is cash equivalent. \n\nREMITTANCE 1. Payment toward satisfaction of a debt, whether in cash or cash equivalents, such as checks, drafts, and other negotiable instruments. \n2. Payment on an installment loan or open-end credit account, forwarded through the mail to a LOCK BOX, along with a remittance document, a machine readable billing document encoded with the customers account number, and the amount due, plus any late charges, if the loan payment is delinquent. \n3. PROCEEDS from a check submitted to another bank for COLLECTION. \n\nI was delivered this remittance from XXXX XXXX as payment towards satisfaction of a debt for not delivering the security purchased at the time of the purchase. This remittance is a cash equivalent that has a bill of exchange attached to it and the bill must be exchanged or redeemed for securities of a new issue. I received the remittance because the proceeds from the check attached belong to me. The only way the proceeds can be received by me, in a usable form such as cash, is to send you the bill for payment as promised. \n\nLOCK BOX XXXX XXXX XXXX used by organizations to accelerate collection of receivables. Checks are routed to a designated XXXX XXXX  number, where they are picked up several times during the day, separated from the envelopes, and submitted to the check collection system for conversion into cash receivables. Many large banks offer lock box processing as a cash management service to corporate customers. A lock box can be retail, designed for remittance processing for customer accounts, or wholesale, in which payments from other corporations are collected and submitted through DEPOSITORY TRANSFER CHECK or electronic debit payments into a concentration account. \n\nThe address listed on the remittance portion of the statement is a lock box address for credit card receivables. Checks are routed to lock boxes. The remittances I receive are check payments that I am the beneficiary of. When the preprinted demand draft is stripped from the bill of lading, they can be processed as two separate securities. My demand draft needs to be securitized and shall be redeemed on demand at the Treasury Department of the United States. I can not detach the coupon in advance because coupon stripping can only be done by a trust fiduciary. \n\nDEPOSITORY TRANSFER CHECK Preprinted DEMAND DRAFT used by corporations to make transfers of cash from a checking account at one bank to a CONCENTRATION ACCOUNT at another bank. This negotiable instrument requires no signature. \nA remittance is a preprinted demand draft called a depository transfer check. When the depository transfer check is submitted to the paying bank, the proceeds will be deposited to the concentration account of the person who issued the bill. \n\nCONCENTRATION ACCOUNT Deposit account into which funds are periodically transferred from various local banks, via wire transfer or automated clearing house debit, from other accounts in the same bank, or in different banks. \n\nA concentration account is also known as a zero-balance account. \n\nZERO-BALANCE ACCOUNT Checking account used by corporations to accelerate collection of funds from subsidiaries, or control funds disbursed to pay trade creditors. In a zero-balance collection account, collected balances are transferred by DEPOSITORY TRANSFER CHECK or automated clearing house debit from subsidiary accounts into a central CONCENTRATION ACCOUNT, bringing the collecting account to a zero balance at the end of each business day. Zero-balance concentration accounts are generally wanting centralized control of cash receipts. In a zero- balance disbursing account, corporate funds are transferred from a master account in an amount sufficient to cover checks presented for payment. Zero-balance disbursement accounts are typically used by companies that want centralized cash control but decentralized funds disbursement. \n\nMy security account, which XXXX XXXX is holding on my behalf, is the account with the balance at the beginning of the day. The collecting account with a XXXX  balance at the end of the day is also my account. My account has a XXXX  balance because an amount sufficient to cover checks presented for payment are transferred from XXXX XXXX zero-balance disbursement account to my account. My account is collecting the amount transferred from a XXXX XXXX disbursement account because my check is the check presented for payment. \n\nThe directions also state to enclose a valid check, include name and account number on the check, include payment coupon and no cash permitted. \n\nCOUPON Detachable certificates showing the dollar amount of interest payable to a bond holder at regular intervals, ordinarily semiannually. Coupons on a BEARER BOND are negotiable instruments and are processed just like checks. Bond interest on BOOK-ENTRY securities is credited to the owners account. \n\nThe dollar amount on my coupon is my bond interest. Im the owner of the account collecting the bond interest. When my bond interest is credited to my account, my account will have a XXXX  balance at the end of the business day. This coupon is processed just like a check because this coupon is a DEPOSITORY TRANSFER CHECK. My coupon is a preprinted DEMAND DRAFT. The coupon can only be stripped by a trust fiduciary. Implying that I should detach the coupon myself is a form of inducement. \n\nDEMAND DRAFT Written order demanding that payment be made, on sight, to a third party. The person writing the draft is called the drawee ; the bank making the payment is the drawer, or the payor bank. The beneficiary of a demand draft, the person receiving the payment, is the payee. Drafts may be payable at some future date ( time drafts ) or on sight ( demand drafts ). Demand drafts drawn on by banks are known as CHECKS. \n\nSince this draft is preprinted, the issuer, XXXX XXXX in this case, is the drawee. The United States Treasury General Account is the checking account used by the Department of U.S. Treasury from which the U.S. government makes all of its payments. The Federal Reserve Bank of New York holds the Treasury General Account and is the drawer, payor bank. I am the XXXX  of the demand draft, the person receiving payment, the payee. I am the XXXX. My demand draft needs to be securitized and shall be redeemed on demand at the Treasury Department of the United States. \n\n- CHECK Demand draft drawn on by a bank. \n\nThis remittance coupon is a check owed to me in payment of bond interest on book-entry securities that must be credited to my account. The coupon is a valid check. This check must be sent for presentment to the United States Treasury for redemption or in exchange for securities of a new issue. Treasury Direct  makes principle, interest, and redemption payments, directly to an individual investors account at a financial institution. XXXX XXXX request that I write my card number as a memo on the check. I think that is a form of inducement to make me believe the coupon and the bill are one and the same because I receive them attached to one another. Since the bill and coupon are attached, and only a trust fiduciary can strip it, In order to present the check for payment, I have to pay you the bill. I am an individual investor with an account at your institution. My REMITTANCE COUPON is a valid CHECK. \n\nPROCEEDS 1. Amount given to a borrower after prepaid interest, loan fees, and other costs are deducted. \n2. Funds received from the sale of assets, or from the issue of securities, after deductions of selling or marketing expenses incurred. \n3. Sum of money collected on a CHECK or other negotiable instrument after deduction of exchange or collection charges. \n\nThe bank sells me a security every time I make a purchase using the card associated with the account. When I dont receive the assets, within 3 business days, the funds for the purchase are considered borrowed, the sale becomes a DUE BILL, and the borrowed funds must be returned to me. The PROCEEDS from the REMITTANCE I receive is payment toward the satisfaction of the money owed to me. The DUE BILL is attached to my REMITTANCE. I promised to pay XXXX XXXX the DUE BILL. I did not promise to pay XXXX XXXX the PROCEEDS from my REMITTANCE. The COUPON is my bond interest on my book-entry securities that must be credited to my account. My REMITTANCE COUPON is a preprinted DEMAND DRAFT called a DEPOSITORY TRANSFER CHECK. The DEPOSITORY TRANSFER CHECK is a DEMAND DRAFT payable on sight. Since I promised to pay XXXX XXXX the DUE BILL, a trust fiduciary must strip my COUPON and process them as separate securities. The equitable agreement is that I promise to pay XXXX XXXX the DUE BILL and in return it must clear my electronic CHECK so I may receive my PROCEEDS. At redemption the DEPOSITORY TRANSFER CHECK is deposited and XXXX XXXX will receive a receipt, which has actual cash value, for the face amount. The receipt is deposited via wire transfer into its CONCENTRATION ACCOUNT, for zero-balance disbursement to my account which is the account collecting the balance. When all disbursements are made to collecting accounts, the CONCENTRATION ACCOUNT, and all the collecting accounts will have a zero-balance by the end of that business day. XXXX XXXX PROCEEDS come from the deep discounts it receives at redemption. Separating the corpus, or the bond principle, from the interest COUPON effectively creates a zero-coupon security that can be traded on the secondary market. My PROCEEDS is the sum of money collected on the check I received from the issue of securities. The PROCEEDS from the CHECK is my REMITTANCE. When I receive the PROCEEDS from my REMITTANCE, my financial asset or its equivalent, is considered delivered. The PROCEEDS from the REMITTANCE is considered my income. I believe XXXX XXXX has been keeping my income for itself. \n\n- CASH 1. Currency ( including bills and coin ) in circulation, including checking account balances. Cash held by a bank for example VAULT CASH, requires no capital backing under risk-based capital rules adopted by bank regulatory agencies. \n2. To convert a check into cash by endorsing and presenting to a bank. \n\nChecking account balances are considered cash. Sending XXXX XXXX a check where funds will be debited from my checking account balance is the same as sending it cash and that would constitute payment not received in proper form. The only check I can send XXXX XXXX as a Proper Form of Payment by Mail is my remittance check. \n\nELECTRONIC CHECK PRESENTMENT In check clearing, electronic transmission of the check writers account number and other payment data directly to the paying bank. Electronic check presentment does not eliminate use of paper checks, but it does allow for a more efficient and less costly method for clearing checks. The Check Clearing for the 21st Century ( or Check 21 ) Act permits banks to send a digital image of a paper check instead of the actual check and thus eliminates much of the labor-intensive costs associated with clearing billions of checks Americans write every year. \n\nDue to federal law, known as The Check Clearing for the 21st Century Act, enabling banks to process paper checks as electronic payments, using a bank service called truncation, where the actual handling of the check is stopped and an electronic check image of the paper check is transmitted to the paying bank. Coupons are normally associated with physical bonds. Since my book-entry securities are held and traded electronically, a digital presentation of the coupon is needed to facilitate the interest payment process. At the paying bank a substitute check is created for check clearing. The actual paper check is held by XXXX XXXX and the check is not returned to the check writer with the account statement. I am in receipt of the account statement. I am the check writer with the account statement. Some of the payment data is already preprinted on the check. The other payment data that I add to the preprinted draft such as For Deposit Only makes me the writer and the payee. I promised to pay XXXX XXXX the DUE BILL. The DUE BILL is the corpus, or the paper above the perforated line. The corpus also carries the bill of lading with it. The bill of lading is the numbers being transported on the DUE BILL which act as a receipt detailing the security purchase. The numbers are the securities purchased and the goods being transported. This means that the numbers are the securities I purchased. The numbers represent money. The goods being transported is the money. Security is money. I use my purchase money to purchase money. The receipt is an inland bill of exchange that can be deposited and exchanged for a treasury bill. The bill is your payment and the remittance is my payment. The remittance is the money I purchased. I can not redeem my PROCEEDS without XXXX XXXX. Interest payments on book-entry securities need to be made electronically. I have not received any of my payments. The PROCEEDS from my REMITTANCE is my income. \n\nSENDING XXXX XXXX MY REMITTANCE CHECK FOR PAYMENT IS A PROPER FORM OF PAYMENT BY MAIL. I AM ONCE AGAIN PROVIDING XXXX XXXX WITH A CHECK FOR PAYMENT AND I AUTHORIZE XXXX XXXX TO EITHER USE THE INFORMATION FROM MY CHECK TO MAKE A ONE-TIME ELECTRONIC FUNDS TRANSFER FROM MY ACCOUNT OR TO PROCESS MY PAYMENT AS A CHECK TRANSACTION. \n\nI have been sending XXXX XXXX checks and it is has not processed any of them. I have been sending XXXX XXXX checks and it has refused them all. XXXX XXXX closed my account. XXXX XXXX not only threatened to report my account, it actually does report, and continues to report my account negatively to the consumer reporting agencies. XXXX XXXX has taken the BILL along with my REMITTANCE and is now attempting to extort a cash payment from my checking account. XXXX XXXX has taken the PROCEEDS of my REMITTANCE, which is my income, and is making reports, with Experian, claiming that I now owe XXXX XXXX an amount equal to the income it has already stolen from me. Transactions and experiences are a reflection of my income. Income is not a part of a credit report. You at Experian have been making reports reflecting my income. You at Experian may be guilty of racketeering like activity if you do not immediately update these two accounts to open, current, paid as agreed, zero debt utilization, zero due, and no late payments or you must completely remove them from my consumer report. \nI have also received an email notification from you stating that pursuant section 611 ( a ) ( 3 ) ( A ) of the Fair Credit Reporting Act, you were unable to honor my request or a portion of it. What did you not understand about telling you to update these accounts as directed or remove them both completely?","date_sent_to_company":"2023-08-23T14:52:02.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"11412","tags":null,"has_narrative":true,"complaint_id":"7442892","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-08-23T14:15:24.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["The bill of lading is the numbers being transported on the DUE BILL <em>which</em> act as a receipt detailing the <em>security</em> purchase. The numbers are the <em>securities</em> purchased and the goods being transported. This <em>means</em> that the numbers are the <em>securities</em> I purchased. The numbers represent money. The goods being transported is the money. <em>Security</em> is money. I use my purchase money to purchase money. The receipt is an inland bill of exchange that can be deposited and exchanged for a treasury bill."]},"sort":[13.966594,"7442892"]},{"_index":"complaint-public-v1","_id":"14370742","_score":13.296307,"_source":{"product":"Credit card","complaint_what_happened":"Affidavit : XXXX, Orders, Clarification and Statement ofValue and Consideration XX/XX/XXXX From : XXXX XXXX XXXX, Attorney-in-factOn behalf of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Ca XXXX XXXX XXXX ) XXXX XXXX To : XXXX XXXX : XXXX XXXX Escalations XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, SD XXXX Mail # Regarding account ending # XXXX and any attachedor connected accounts, applications, reorganization agreements, negotiable instruments, etc. \n\n\n\nSection 1 : Definitions Payment : The fulfillment of a promise, or the performance of an agreement.-Blacks Law 4th Edition Tender:1. The offer of performance, not performance itself, and, when unjustifiably refused, places other party in default and permits party making tender to exercise remedies for breach of contract.-Blacks Law 4th Edition 2. An offer of money ; the act by which one produces and offers to a person holding a claim ordemand against him the amount of money which he considers and admits to be due, insatisfaction of such claim or demand, without any stipulation or condition.-Blacks Law 4th Edition Check : The Federal Reserve Board defines a check as a draft or order upon a bank or banking housepurporting to be drawn upon a deposit of funds for the payment at all events of a certain sum of money to a certain person therein named or to him or his order or to bearer and payable instantly on demand. It must contain the phrase pay to the order of.-Blacks Law 5th Edition US dollars : United States coins and currency ( including Federal reserve notes and circulating notes ofFederal reserve banks and national banks ) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts.-31 USC 5103 Novation : The substitution of a new debt or obligation for an existing one.-Blacks Law 4th Edition Consideration:1. Consideration is not to be confounded with motive. Consideration means something which is of value in the eye of the law, moving from the plaintiff, either of benefit to the plaintiff or ofdetriment to the defendant.-Blacks Law 4th Edition 2. Nothing is consideration that is not regarded as such by both parties. Schlecht v. Schlecht, 168 Minn. 168, 209 N.W. 883, 887 Nation : An Independent body politic ; a society of men united together for the purpose of promotingtheir mutual safety and advantage by the joint efforts of their combined strength. But everycombination of men who govern themselves independently of all others will not be considereda nation. A body of pirates, for example, who govern themselves, are not a nation. To constitute a nation, another ingredient is required. The body thus formed must respect other nations in general, and each of their members in particular. Such a society has her affairs and her interests ; she deliberates and takes resolutions in common, thus becoming a moral person, who possesses an understanding and will peculiar to herself, and is susceptible of obligations and rights.-Vattel, Prelim. Ill, 2 ; 5 Pet. ( U.S. ) 52. See 1 Idaho ( N. S. ) 612.\n\nUCC 3-103 definitions of order and promise ( a bill of exchange is an unconditional order to pay and a promissory note is an unconditional promise to pay ) : ( 8 ) \" Order '' means a written instruction to pay money signed by the person giving the instruction.The instruction may be addressed to any person, including the person giving the instruction, or to one or more persons jointly or in the alternative but not in succession. An authorization to pay is not an order unless the person authorized to pay is also instructed to pay. \n( 12 ) \" Promise '' means a written undertaking to pay money signed by the person undertaking topay. An acknowledgment of an obligation by the obligor is not a promise unless the obligor also undertakes to pay the obligation.Ens legis : A creature of the law ; an artificial being, as contrasted with a natural person. Applied tocorporations, considered as deriving their existence entirely from the law.-Blacks Law 4th Edition Section 2 : Introduction Thank you very much for reading this and forwarding it to the proper person to handle it. Noticeto agent is notice to principal.\n\nIm available via multiple forms of contact if any clarification of this document is needed prior toresponding in affidavit form.\n\nSection 3 : Novation Points A. Parties 1. Definitions and Background The definition of Person, from 26 USC 7701 ( a ) ( 1 ) is : The term person shall be construed tomean and include an individual, a trust, estate, partnership, association, companyor corporation.\n\nThe definition of certificate is : statement of some fact in a writing signed by the partycertifying. -Nowell v. Mayor and Council of Monroe , 177 Ga. 648, 171 S.E. 136, 141 The definition of live birth is : Live birth means the complete expulsion or extraction fromits mother of a product of conception ( irrespective of the duration of pregnancy ) which, aftersuch separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not theumbilical cord has been cut or the placenta is attached.\n\nA Certificate of Live Birth is a statement of fact that a live birth occurred.\n\nTypically, there are aspects of the live birth, such as the placenta, which is abandoned ( left fordisposal ) by the mother. This could also be other parts of the birth such as the umbilical cord.\n\nSTATE OF MISSISSIPPI is listed as a\n\nbusiness on Dun and Bradstreet and is located in theDistrict of Columbia.The evidence behind this is that the United States is located in the Districtof Columbia as per UCC 9-307 ( h ). STATE OF MISSISSIPPI is a sub-corporation of UnitedStates. 4 USC 72 also covers this idea as well : All offices attached to the seat of governmentshall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law. Naturalization, as per 8 USC 1101 ( a ) ( 23 ) is defined as : The term naturalization means theconferring of nationality of a state upon a person after birth, by any means whatsoever. The word state from naturalization is synonymous with the word nation, which is defined inthe definitions section in Section 1 of this novation. The definition of the word person from Title 8 is defined as an individual or organization.The definition of the word organization from above comes from 8 USC 1101 ( a ) ( 28 ) and is : The term organization means, but is not limited to, an organization, corporation, company , partnership , association, trust, foundation or fund ; and includes a group of persons, whether ornot incorporated, permanently or temporarily associated together with joint action on any subject or subjects. The definition of public corporation is : A public corporation is one created by the state for political purposes and to act as an agency in the administration of civil government.-Blacks Law 4th edition. 2. Clarification and Novation of Parties When born, my mother abandoned the various products of conception. These products were part of the live birth and the Certificate of Live Birth involves only those abandoned products, not the male body of which I possessed and inhabit to this day.The Certificate of Live Birth is a document that is an abandonment and naturalizationdocument. It is a document that shows that products of the Live Birth were abandoned and it also is my mother conferring the nationality of the State ( incorporated business ) called STATE OF MISSISSIPPI upon the abandoned products of conception, after birth, by any means whatsoever ( naturalization ). This effectively naturalized, what was assumed to be me, falsely, into the District of Columbia. There is a specific line on my Certificate of Live Birth entitled Date received by local HealthOfficer. This date is the date that a public corporation/trust/estate was opened as a legal fiction which represents the abandoned products of conception.This public corporation/trust/estate is represented by my name , converted into a tra\nde name ordoing business as name of my name in all capital letters : XXXX XXXX XXXX. \n\nThis corporation/trust/estate XXXX XXXX XXXX XXXX as per most definitions found of the word. \nThe birthday of the person, XXXX XXXX XXXX, is the date that the Certificate of Live Birth was received by the local Health XXXX, which would be XX/XX/XXXX. \nTHE SOCIAL SECURITY NUMBER IS A TAX IDENTIFICATION NUMBER ( EIN/TIN ) FOR THE ENS LEGIS AND IS NOT ATTACHED TO ME AS A MAN. EINNUMBERS ARE ASSIGNED TO BUSINESSES, NOT MEN AND WOMEN.\n\nMyself, not involving any of the above aspects, am an unincorporated freeman of the Union, as quoted from the Honorable Mr. Justice MILLER, as he spoke on the difference between state citizenship and Federal US citizenship in the Supreme Court case : The Slaughter-House Cases, 83 U.S. 36 ( 1873 ).\n\nThe terms individual and natural person both apply to the all caps ens legis and not myselfas the freeman of the Union. These terms are often confusing or misunderstood.A good example of the above confusion can be found in this definition of the word individual : As a noun, this term denotes a single person as distinguished from a group or class, and also, very commonly, a private or natural person as distinguished from a partnership, corporation, orassociation; but it is said that this restrictive signification is not necessarily inherent in the word, and that it may, in proper cases, include artificial persons.State v. Bell Telephone Co., 36 Ohio St. 310, 38 Am.Rep. 583 For clarity of all of our contracts, the term natural person and ALSO the term individual, inall aspects of our contracting, will be defined as the following : the living man or woman. This man or woman operates and speaks on behalf of the soleproprietorship/public corporation in the fictional world, but is entirely a different person.This individual or natural person does not fit the definitions in the normal legal worldand this definition specifically and entirely eliminates all assumptions of jurisdiction, citizenship, nationality, etc. All of that information is definable only and exclusively by theindividual man or woman and is NOT subject to absolutely any involuntary servitude, forced contractual obligation, etc.My birthday, as a natural person, is XXXX XXXX XXXX.\n\nI operate as the attorney-in-fact over the person named XXXX XXXX XXXX and all contact will be made through XXXX XXXX XXXX ( including any litigation ).\n\nConclusion : There are two persons at play here. One is a man of the Union and the other is a publiccorporation/sole proprietorship. The public corporation is used as a buffer or flow-through for all commercial transactions and it is agreed through this novation that the trade name, XXXX XXXX XXXX , will be the primary person mentioned on all documents and litigation and then the natural person, XXXX XXXX XXXX XXXX speaks on behalf of the public corporation because the public corporation can not speak or write. \n\nXXXX XXXX XXXX, because he is not intrinsically a commercial entity and thus would not fit the legal definition of a person, will not be the one entering jurisdiction into any court and he will be using naturalization in order to move XXXX XXXX XXXX into the jurisdiction of the court but it is agreed by all parties that he is still operating pro XXXX in the courts as he is still presenting in his own name. The agreement is that XXXX XXXX XXXX is a commercial trade name that XXXX XXXX XXXX is authorized to use in commerce. \nXXXX XXXX XXXX is a foreign national of the Nation of the XXXX XXXX, which can be viewed at www.theamnestycoalition.org. \n\nXXXX XXXX XXXX is movable via naturalization as per 8 USC 1101 ( a ) ( 23 ) and will bemoved around, at will, by XXXX XXXX XXXX. XXXX XXXX XXXX is not a resident or citizen of absolutely any corporate, incorporated or business entity. The plural version of men or women is people, whereas the plural of legal fictions is persons. \n\nB. All Other Points of Novation 1. All previous assumed or expressed arbitration agreements are hereby void due to fraudand lack of consideration. No parties are any longer eligible for ANY arbitration activities and discovery, right to a jury trial and ALL other rights of due process are hereby retained explicitly by all parties 2. All previous Powers of Attorney, expressed or implied, are hereby canceled. A newlimited Power of Attorney can be written up based on the aspects of this novation, if desired. \n3.Without prejudice and the reserving of all rights is hereby activated for both XXXX XXXX XXXX and XXXX XXXX XXXX XXXX All rights are reserved at all times. \nXXXX. All negotiable instruments ( promissory notes and bills of exchange ) involving all transactions on all accounts past, present and future, are hereby novated under fraud ( lack of clear conditions/terms, fraud, unjust enrichment, etc ). All past, present and futureblank indorsements are hereby canceled. ALL BLANK INDORSEMENTS, FROM THIS POINT FORWARD, NEED TO BE EXPLICITLY INDORSED Pay to the order of : bearer OTHERWISE THEY CAN NOT BE ASSUMED TO BE BLANK. The new qualified/special indorsement for all past, present and future securities is now the following ( consideration to all currency exchanges will be paid once performance of Federal Reserve Discount Window services have been completed and Federal Reserve Notes are returned to the payee ) : WITHOUT RECOURSEPay to the Order of : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX -- -- XXXX XXXX XXXX, attorney-In-fact 5 . All Title 18 ( USC ) crimes, and also all State penal and criminal claims, which normallydo not have a private right of action in litigation, are hereby entered into this novationas a CONTRACTUAL aspect of our private agreements. Meaning that all of these Codesare now enforceable in a civil court as a private part of our contractual obligations andTHESE CODES ARE NOW ACTIVE TO BEING CAUSES OF ACTION IN CIVIL COURT.6. Anything that was previously pledged as collateral on any accounts or loans, above andbeyond the original promissory note that now has a qualified/special indorsement, ishereby released and is no longer attached as collateral on any accounts. \n7.All interest payable on all notes or bills are now claimed by XXXX XXXX XXXX XXXX XXXX XXXX and that controversy needs to be sorted out right away so we candetermine what service fee that any banking/financial organization will be getting for theservice of currency exchange at the Federal Reserve Discount Window . \n8.If you are a bank, credit union, or any other financial organization, you are hereby nowthe fiduciary for XXXX XXXX XXXX and XXXX XXXX XXXX XXXX Your fiduciary duty is to ensure the clean, direct and honest negotiation of all negotiable instruments and toproperly help us do a currency exchange of the original collateral securities for FederalReserve Notes at the Federal Reserve Discount Window. Absolutely anything that wouldnot effectively and rapidly assist in that is now officially a breach of fiduciary duties. Anyusage of the term lender or borrower when attempting to say that you lended eitherof us anything will be a charge of breach of fiduciary duties. The ONLY thing that isconsidered consideration in this contract is now the helpful actions that assist us insecurity swaps at the Federal Reserve Discount Window-NOTHING ELSE IS CONSIDERATION.\n\n9. Notarization is not naturalization and just because a document was notarized in a locationdoes not mean that is naturalization of any individual or organization. Naturalization isonly legally binding if it is a clear and specific conferring of a state/State/nation upon anindividual or organization, after birth, by any means whatsoever. As of the writing of thisnovation, the incorporated nation of STATE OF NORTH CAROLINA is herebyconferred upon XXXX XXXX XXXX, while XXXX XXXX XXXX confers the state called the Nation of the Amnesty Coalition ( unincorporated ) upon himself, after birth, by any means whatsoever.\n\nSection 3 : Value and Consideration Clarification To be clear, all lending never occurred so is not considered consideration ( because there is no lending going on ) .But facilitating Federal Reserve services at the Discount Window via an OC-10 agreement is considered consideration.\n\nIt is valuable consideration that my currency ( original note ) is being swapped at the Window foranother type of currency ( Federal Reserve Notes ) and returned to me. This activity is not lending but is a simple currency exchange. This is what it will be called in all aspects of our contract or any necessary litigation. Any usage of the word lending or any indication of me being loaned anything will be met with fraud charges.\n\nSection 4 : Orders Please discharge/set-off all imbalanced accounts and immediately refund all over performance on this account since the account 's inception. Please send me a verified affidavit of this beingcompleted ( by an individual ). Please include their phone number and email on the affidavit aswell in case I need to contact them.\n\nPlease immediately remove any bad reports that may have been made on the credit score of the trade name XXXX XXXX XXXX. \nPlease remove any accounts from any collections. \nPlease also release all liens or any other security interest that has been filed in any way for any asset and please destroy any Certificates of Title or any other securities showing a security interest for anything associated with our contracts. \nAll assets will now be held in full dominion in private trusts that are located in the Nation of TheAmnesty Coalition. Do not list the public corporation as a registered owner or release anydocumentation showing a security interest. Anything issued of this type will be securities fraudand will be handled with litigation ( civil and criminal ).\n\nThis includes any interest available from the swapping of any collateral securities at the FederalReserve Discount Window, any extraneous and irrelevant Federal Reserve Notes that weretendered onto this account, and any additional securitization or activities that took place with any original collateral securities.You have a total of 30 days to complete these orders from the time this affidavit is signed for ( there will be a series of other mailings sent to you during this time to ensure proper notice ofnovation ) .This document is an unconditional order to perform.\n\nSection 5 : Closing Statements This affidavit is being sent to you in good faith.\n\nUCC 1-201 defines good faith as : honesty in fact and the observance ofreasonable commercial standards of fair dealing. \nI would like to be clear that I am absolutely and entirely available for in person communication, email, phone calls, texts, faxes or hard mail through the USPS. I am not a combatant and simply wish to establish a more equitable agreement between us both where we can both win and succeed. \nThis is an affidavit that is being issued to you. This affidavit must be rebutted by an affidavitspecifically clarifying and rebutting each and every INDIVIDUAL aspect of which you are notin agreement with or would like to change and exact and specific reasoning and supportinglaws/statutes must be written in the affidavit in order for there to be a justiciable controversy onthat particular aspect. \nThe total time that you are being given to perform on these orders is 30 days from the receipt of this affidavit. \nIf there is a denial of the orders in Section 4 or if these affidavits are ignored, litigation will befiled and served immediately after the denial or immediately after the 30 day period elapses.You can call me, email me, send mail to me, or any other reasonable attempt to contact me and Ill be more than happy to speak to you. I am more than willing to work with you and this section is here just to be clear that intimidation, slander, libel, lies and bluffs will be AGGRESSIVELY handled to the absolute fullest extent of the law.Honest attempts to solve the difficulties and controversies that we find ourselves in will be metwith sincerity and appreciation.\n\nSignature Section ( pursuant to 28 USC 1746, If executed without the United States ) : I declare under penalty of perjury under the laws of the United States of America that theforegoing is true and correct. Executed on XXXX ( date ) : _____________________________________Without prejudiceBy : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2025-06-30T19:06:12.000Z","issue":"Advertising and marketing, including promotional offers","sub_product":"General-purpose credit card or charge card","zip_code":"93446","tags":null,"has_narrative":true,"complaint_id":"14370742","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2025-06-30T18:49:11.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Confusing or misleading advertising about the credit card"},"highlight":{"complaint_what_happened":["-Blacks Law 4th Edition Check : The Federal Reserve Board defines a check as a draft or order upon a bank or banking housepurporting to be drawn upon a deposit of funds for the payment at all events of a certain sum of money to a certain person therein named or to him or his order or to <em>bearer</em> and <em>payable</em> instantly on demand. It must contain the phrase pay to the order of."]},"sort":[13.296307,"14370742"]},{"_index":"complaint-public-v1","_id":"13084826","_score":12.196473,"_source":{"product":"Credit card","complaint_what_happened":"( reference acct number ending in XXXX ) XXXX XXXX This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provisions on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\n\nRE : NOTICE OF INTENT TO FILE COMPLAINT DISHONOR OF BILL OF EXCHANGE AND FAILURE TO HONOR LEGAL TENDER NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL Dear HOME DEPOT CREDIT SERVICES/CITI BANK/Citi Retail Services located at XXXX XXXX XXXX, XXXX XXXX, MO XXXX XXXX corporation XXXX agent, affiliated agency 's and agents This letter serves as a formal Notice of Intent to initiate a complaint against HOME DEPOT CREDIT SERVICES the for its XXXX  and refusal to accept a duly executed Bill of Exchange, properly endorsed and tendered for settlement of a financial obligation. \n\nThis action, if not corrected, constitutes a violation of numerous legal, constitutional, and public policy principles, including but not limited to : XXXX. Legal Tender and Public Policy : Under Title XXXX XXXX XXXX XXXX, United States coins and currency, including Federal Reserve Notes and instruments drawn on credit, are considered legal tender for all debts, public and private. \n\nThe Federal Reserve Act of XXXX authorizes the issuance of legal tender and the creation of credit-based instruments to facilitate commerce. A Bill of Exchange, when properly endorsed, falls within this framework and represents a valid method of payment under the Uniform Commercial Code ( XXXX ), particularly XXXX XXXX and UCC XXXX regarding presentment and dishonor. \n\nXXXX. The Bankruptcy Act and XXXX ( XX/XX/XXXX ) : Following the Bankruptcy of the United States in XXXX, and under House Joint XXXX XXXX, all obligations were required to be XXXX without the use of gold or lawful money. This resolution became a binding public policy, mandating that the government and its subsidiaries ( including municipal corporations such as the XXXX XXXX XXXXXXXX ) must accept promissory instruments and Bills of Exchange as lawful discharge of debts, in the absence of constitutional money. \n\nThe refusal to honor such a lawful instrument violates this Public Policy Bond and constitutes bad faith in commerce, particularly when no lawful money ( i.e., gold/silver ) is recognized or demanded in exchange. \n\nXXXX. Violation of Constitutional and Due Process Rights : By refusing to accept a lawful form of payment, the XXXX XXXX XXXX XXXX XXXX  is infringing upon my right to contract, right to due process under the XXXX XXXX XXXX XXXX, and is failing to operate in good faith and fair dealing as required under contract and commercial law. \n\nXXXX. Remedy Demanded : I hereby demand that the XXXX XXXX XXXXXXXX XXXX XXXX cure this dishonor within XXXX ( XXXX ) business days of receipt of this notice by : Accepting the Bill of Exchange previously submitted, or Providing, in writing, a full lawful reason for its dishonor, supported by statute and legal authority. \n\nFailure to comply will result in a formal complaint being filed with : The Florida XXXX XXXX XXXX ( XXXX ) The Federal Trade Commission ( FTC ) The Consumer Financial Protection Bureau ( CFPB ) The Office of the Florida Attorney General Additional federal agencies and oversight boards as necessary This Notice of Intent is issued in good faith and in the interest of resolving this matter administratively and amicably. If no remedy is forthcoming, further action will be taken as a matter of right under applicable law. \n\n\n\nand further... Fiduciary Appointment by XXXX XXXX XXXX XXXX XXXX  Account Usage and Obligation to Set Off and Balance Be it known and let it be duly recorded that : \" XXXX XXXX XXXX, XXXX. # XXXX '' agents and principal By accessing, referencing, or utilizing my Social Security Account Number ( SSN ) an identifying account issued by the Social Security Administration and held in trust under the United States you have, by operation of law and through your own actions, appointed yourself as fiduciary, trustee, or liable party with respect to that account. \n\nThe use or acceptance of my Social Security Number or related account information in any transaction, contract, application, or administrative action constitutes tacit acceptance and agreement that : You have voluntarily assumed fiduciary responsibility over said account as defined under trust and commercial law ; You are obligated to discharge, set off, and balance any associated public charges, debts, or obligations through your access to credit, exemption accounts, and applicable set-off mechanisms ; You have a duty to act in equity, good faith, and with full disclosure in all matters involving this account ; Your failure to properly discharge or set off obligations arising from use of my Social Security Account, or your continued attempt to enforce collection contrary to public policy ( XXXX, XX/XX/XXXX ), may constitute bad faith, fraud, or breach of fiduciary duty under the law. \n\nThis fiduciary obligation arises from your use of my trust account information and is supported under : The Social Security Act, codified at XXXX XXXX. XXXX et seq. \n\nPublic Policy XXXX, enacted XX/XX/XXXX Uniform Commercial Code ( UCC ), specifically UCC XXXX XXXX XXXX, and XXXX The Federal Reserve Act and related banking regulations Restatement ( Third ) of Trusts and general fiduciary law principles Therefore, I demand that you fulfill your fiduciary obligation by immediately setting off, adjusting, and balancing any account ( XXXX ) or alleged obligations associated with the use of my SSN, account, or estate. Failure to do so shall be construed as willful breach of fiduciary duty and may be subject to legal remedy. \n\nNotice to agent is notice to principal. Notice to principal is notice to agent. \n\nWithout prejudice, XXXX XXXX XXXX XXXX : XXXX , ( the living being with sound mind and capacity to contract whom has been pledged for the Nations Debt ) All Rights Reserved, UCC XXXX and further As Agent on behalf of the principal, XXXX XXXX I am instructing ( reference acct number ending in XXXX ) XXXX XXXX This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provisions on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable. \n\n\nRE : NOTICE OF INTENT TO FILE COMPLAINT DISHONOR OF BILL OF EXCHANGE AND FAILURE TO HONOR LEGAL TENDER NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL Dear HOME DEPOT CREDIT SERVICES XXXX XXXX XXXX, XXXX XXXX, MO XXXX, corporation, agent, affiliated agency 's and agents This letter serves as a formal Notice of Intent to initiate a complaint against HOME DEPOT CREDIT SERVICES the for its dishonor and refusal to accept a duly executed Bill of Exchange, properly endorsed and tendered for settlement of a financial obligation. \n\nThis action, if not corrected, constitutes a violation of numerous legal, constitutional, and public policy principles, including but not limited to : XXXX. Legal Tender and Public Policy : Under Title XXXX XXXX XXXX  XXXX, United States coins and currency, including Federal Reserve Notes and instruments drawn on credit, are considered legal tender for all debts, public and private. \n\nThe Federal Reserve Act of XXXX authorizes the issuance of legal tender and the creation of credit-based instruments to facilitate commerce. A Bill of Exchange, when properly endorsed, falls within this framework and represents a valid method of payment under the Uniform Commercial Code ( XXXX ), particularly XXXX XXXX and UCC XXXX regarding presentment and dishonor. \n\nXXXX. The Bankruptcy Act and XXXX ( XX/XX/XXXX ) : Following the Bankruptcy of the United States XXXX XXXX, and under XXXX XXXX XXXXXXXX XXXX, all obligations were required to be discharged without the use of gold or lawful money. This resolution became a binding public policy, mandating that the government and its subsidiaries ( including municipal corporations such as the XXXXXXXX XXXX XXXXXXXX ) must accept promissory instruments and Bills of Exchange as lawful discharge of debts, in the absence of constitutional money. \n\nThe refusal to honor such a lawful instrument violates this Public Policy Bond and constitutes bad faith in commerce, particularly when no lawful money ( i.e., gold/silver ) is recognized or demanded in exchange. \n\nXXXX. Violation of Constitutional and Due Process Rights : By refusing to accept a lawful form of payment, the XXXX XXXX XXXX XXXX Department is infringing upon my right to contract, right to due process under the Fifth and Fourteenth Amendments, and is failing to operate in good faith and fair dealing as required under contract and commercial law. \n\nXXXX. Remedy Demanded : I hereby demand that the XXXX XXXX XXXXXXXX XXXX XXXX  cure this dishonor within XXXX ( XXXX ) business days of receipt of this notice by : Accepting the Bill of Exchange previously submitted, or Providing, in writing, a full lawful reason for its dishonor, supported by statute and legal authority. \n\nFailure to comply will result in a formal complaint being filed with : The Florida XXXX XXXX XXXX ( XXXX ) The Federal Trade Commission ( FTC ) The Consumer Financial Protection Bureau ( CFPB ) The XXXX XXXX XXXX Florida Attorney General Additional federal agencies and oversight boards as necessary This Notice of Intent is issued in good faith and in the interest of resolving this matter administratively and amicably. If no remedy is forthcoming, further action will be taken as a matter of right under applicable law. \n\n\n\nBy accessing, referencing, or utilizing my Social Security Account Number ( SSN ) an identifying account issued by the Social Security Administration and held in trust under the United States you have, by operation of law and through your own actions, appointed yourself as fiduciary, trustee, or liable party with respect to that account. \n\nThe use or acceptance of my Social Security Number or related account information in any transaction, contract, application, or administrative action constitutes tacit acceptance and agreement that : You have voluntarily assumed fiduciary responsibility over said account as defined under trust and commercial law ; You are obligated to discharge, set off, and balance any associated public charges, debts, or obligations through your access to credit, exemption accounts, and applicable set-off mechanisms ; You have a duty to act in equity, good faith, and with full disclosure in all matters involving this account ; Your failure to properly discharge or set off obligations arising from use of my Social Security Account, or your continued attempt to enforce collection contrary to public policy ( XXXX, XX/XX/XXXX ), may constitute bad faith, fraud, or breach of fiduciary duty under the law. \n\nThis fiduciary obligation arises from your use of my trust account information and is supported under : The Social Security XXXX, codified at XXXX XXXX. XXXX et seq. \n\nPublic Policy XXXX, enacted XX/XX/XXXX Uniform Commercial Code ( UCC ), specifically UCC XXXX XXXX XXXX, and XXXX The Federal Reserve XXXX and related banking regulations Restatement ( Third ) of Trusts and general fiduciary law principles Therefore, I demand that you fulfill your fiduciary obligation by immediately setting off, adjusting, and balancing any account ( XXXX ) or alleged obligations associated with the use of my SSN, account, or estate. Failure to do so shall be construed as willful breach of fiduciary duty and may be subject to legal remedy. \n\nNotice to agent is notice to principal. Notice to principal is notice to agent. \n\nWithout prejudice, XXXX XXXX XXXX XXXX : XXXX XXXX XXXX the XXXX being with sound mind and capacity to contract whom has been pledged for the Nations Debt ) All Rights Reserved, UCC XXXX and further XXXX Agent on behalf of the principal, XXXX XXXX I am instructing HOME DEPOT CREDIT SERVICES to Set off the charges on Principals account via subrogation in equity, your offer is accepted for Value, and Exempt from Levy Enclosed is evidence that an endorsed coupon has been sent back for HOME DEPOT CREDIT SERVICES to present to its the Federal Reserve window by asking for the principals social security you, HOME DEPOT CREDIT SERVICES agreed to become Fiduciary As your fiduciary duty you are obligated to accept this form of payment via endorsed promissory note see : XXXX Of XXXX XXXX, XXXX XXXX TENDER OF PAYMENT of this commercial transaction, UCC Article XXXX governs Bills of Exchange see : XXXX XXXX XXXX of XXXX establishes that it is illegal to demand payment in a specific currency. \nDemanding specific currency is a direct violation of XXXX XXXX of XXXX XXXX XXXX XXXX, Against the law and a violation of rights under color of law .This phrase refers to actions taken by a financial institution and or person that misuses their authority leading to a XXXXXXXX XXXX XXXX by pretending that one can enforce payment in a specific currency an entity is exerting unlawful pressure on individuals thus extorting, coercing, and injuring them and the entity is as infringing upon their rights and legal protections. This action is not only unjust, but also contrary to established law and legal standards that recognize alternative forms of payment as valid. The demand for specific currency payment is not only inconsistent with HJR XXXX and the XXXX but also constitutes a form of legal overreach that deprives individuals of their rights. XXXX XXXX defining negotiable instruments XXXX defines a negotiable instruments which is a document that promises payment of money under specific conditions. According to XXXX XXXX, for an instrument to be negotiable, it must meet these criteria, it must be in writing and it must be signed by the maker or drawer. It must contain an unconditional promise or order to pay a fixed amount of money, it must be payable on demand or at a specific time. It must be payable to order or to bearer. When you accept a bill, a negotiable instrument, or participate in a trade, or use a bankers acceptance and slasher or endorse and transfer the monetary instrument, you effectively negotiate that instrument, which then serves as tender of payment. This means that it can be used to discharge debts just like cash, you assign credit to the company to credit the account. \nXXXX ) Acceptance and Settlement to function effectively as legal tender, the payee must accept the bill upon presentment. If it is non negotiable, the drawee must honor it according to the terms specified without transferring it further, it's effectiveness relies on mutual acceptance not the instrument inherent value. XXXX ) XXXX and XXXX provisions. Most importantly XXXX section XXXX stipulates that refusal to accept a valid bill of exchange results in the discharge of the debt amount. This means that if the debtor presents a bill of Exchange for payment and the creditor refuses to accept it, the debt is considered to be discharged. Furthermore, XXXX section XXXX stipulates that if the tender of payment is accompanied by a statement indicating that is is for full satisfaction for the debt there is a discharge of the obligation. This further emphasized the legal significance of a Bill Of Exchange as a valid instrument for settling debts. In summary, while a Bill Of Exchange isn't traditional legal tender, if can and does legally discharge debts. \n\n\nthis is my conditional offer to HOME DEPOT CREDIT SERVICES/CitiBank/Citi Retail Services corporations/agency 's are asked to validate this claim and to please provide the following and further...... \n\nComes Now XXXX XXXX XXXX the flesh and blood living woman an XXXX XXXX as surety that was pledged for the Nations debt in accordance with the following laws who swears under the penalty of perjury that the forgoing information is true, correct and without malice Exercising my right to discharge this claim/debt of {$3600.00} in accordance with the following laws and this negotiable instrument I have endorsed under the Bill Of XXXX XXXX XXXX Expresses Reservation of rights Pursuant XXXX in accordance with Federal and State Laws Affiant demands all accounts /charges directed to affiants estate name Subrogated in Equity Pursuant HJR XXXX of XXXX, Public Law XXXX XXXX XXXX XXXX  XXXX Fair Credit Billing Act ( XXXX ) XXXX XXXX Code XXXX Be Advised should HOME DEPOT CARD SERVICES and affiliated corporations/agency's/firm proceed to violate the law and fail to preform fiduciary duties as appointed by governing agencies and terminate services extending to estate name/trust XXXX XXXX further violations.... \n\nXXXX XXXX  XXXX Liability of share holders of reserve banks The share holders of every Federal reserve bank shall be held INDIVIDUALLY responsible, equally and ratably, and not XXXX for another, FOR ALL CONTRACTS, DEBTS, AND ENGAGEMENTS OF SUCH BANK to the extent of the amount of their subscriptions to such stock at the par value thereof in addition to the amount subscribed, whether such subscriptions have been paid up in whole or in part, under the provisions to this Act. [ XXXX XXXX. XXXX ] XXXX CORPORATE TRANSPARENCY ACT REQUIREMENT applies to civil and criminal penalties for ( XXXX ) failing to report or disclose or update a reporting agency 's XXXX and ( XXXX ) providing false or fraudulent XXXX. Civil penalties include a daily {$500.00} fine for a continuing violation, and up to a maximum of {$10000.00}. \nCriminal penalties include up to XXXX years imprisonment. \n\nFraudulent Charges Failure of national bank to accept terms of Act Any national bank failing to signify its acceptance of the terms of this Act within the XXXX days aforesaid, shall cease to act as a reserve agent, upon XXXX days notice, to be given within the discretion of the said organization committee of the  XXXX XXXX XXXX of the XXXX XXXX  XXXX. ( Omitted from XXXX Code ) Penalty for violation of Act by national banks Should any national banking association in the United States now organized fail within XXXX year after the passage of this Act to become a member bank or fail to comply with any of the provisions of the Act applicable thereto, all of the rights, privileges, and franchises of such association granted to is under the national-bank Act, or under the provisions of this Act, shall be thereby forfeited. Any noncompliance with or violation of this Act shall, however, be determined and adjudged by any court of the United States of competent jurisdiction in a suit brought for that purpose in the district or territory in which such bank is located, under direction of the XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, by the Comptroller of the Currency in his own name before the association shall be declared dissolved. In cases of such noncompliance or violation, other than the failure to become a member bank under the provisions of this Act, every director who participated in or assented to the same shall be held liable in his person or individual capacity for all damages which said bank, it shareholders, or any other person shall have sustained in consequence of such violation. [ XXXX XXXX. XXXX ] The Facts Can not be altered or denied Therefore I demand for full discharge/credit of {$1000.00} LAWFUL NOTICE : Using a notary, clerk, or secretary on this document does not constitute any adhesion, nor does it altar any status and standing in any manner. The purpose for this is for verifying identity, authentication, and for the rules of evidence are not for co-mingling into any foreign jurisdiction. The XXXX XXXX is an XXXX  XXXX and not a party to this claim. In fact the Certifying Notary is a federal witness Pursuant to TITLE XXXX PART XXXX CHAPTER XXXX, SEC. XXXX. Tampering with a witness, victim, or an informant. The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violation of the XXXX. Postal regulations as an XXXX of the XXXX Department. Intimidating a Notary Public under XXXX XXXX XXXX is a violation of TITLE XXXX XXXXXXXX XXXX Section XXXX, titled \" Deprivation of Rights Under XXXXXXXX XXXX XXXX, '' which primarily governs police misconduct during any investigations. This makes it a crime for any person acting under the XXXXXXXX XXXX XXXX to willfully deprive any individual residing in the United States and/or United States of America those right protected by the XXXX XXXX laws and who have the authority to invoke the protection thereof. \n\n\nto Set off the charges on Principals account via subrogation in equity, your offer is accepted for Value, and Exempt from XXXX XXXX is evidence that an endorsed coupon has been sent back for HOME DEPOT CREDIT SERVICES to present to its the Federal Reserve window by asking for the principals social security you, HOME DEPOT CREDIT SERVICES agreed to become Fiduciary As your fiduciary duty you are obligated to accept this form of payment via endorsed promissory note see : XXXXXXXX XXXX XXXXXXXX XXXX, XXXX XXXX TENDER OF PAYMENT of this commercial transaction, XXXX Article XXXX governs Bills of Exchange see : XXXX XXXX XXXXXXXX of XXXX establishes that it is illegal to demand payment in a specific currency. \nDemanding specific currency is a direct violation of XXXX XXXX of XXXX XXXX XXXX XXXX, Against the law and a violation of rights under XXXXXXXX XXXX XXXX .This phrase refers to actions taken by a financial institution and or person that misuses their authority leading to a Deprivation of Rights by pretending that one can enforce payment in a specific currency an entity is exerting unlawful pressure on individuals thus extorting, coercing, and injuring them and the entity is as infringing upon their rights and legal protections. This action is not only unjust, but also contrary to established law and legal standards that recognize alternative forms of payment as valid. The demand for specific currency payment is not only inconsistent with XXXX XXXXXXXX and the XXXX but also constitutes a form of legal overreach that deprives individuals of their rights. XXXX XXXX defining negotiable instruments XXXX defines a negotiable instruments which is a document that promises payment of money under specific conditions. According to XXXX XXXX, for an instrument to be negotiable, it must meet these criteria, it must be in writing and it must be signed by the maker or drawer. It must contain an unconditional promise or order to pay a fixed amount of money, it must be payable on demand or at a specific time. It must be payable to order or to bearer. When you accept a bill, a negotiable instrument, or participate in a trade, or use a bankers acceptance and slasher or endorse and transfer the monetary instrument, you effectively negotiate that instrument, which then serves as tender of payment. This means that it can be used to discharge debts just like cash, you assign credit to the company to credit the account. \nXXXX ) Acceptance and Settlement to function effectively as legal tender, the payee must accept the bill upon presentment. If it is non negotiable, the drawee must honor it according to the terms specified without transferring it further, it's effectiveness relies on mutual acceptance not the instrument inherent value. XXXX ) XXXX and XXXX provisions. Most importantly XXXX section XXXX stipulates that refusal to accept a valid bill of exchange results in the discharge of the debt amount. This means that if the debtor presents a bill of Exchange for payment and the creditor refuses to accept it, the debt is considered to be discharged. Furthermore, XXXX section XXXX stipulates that if the tender of payment is accompanied by a statement indicating that is is for full satisfaction for the debt there is a discharge of the obligation. This further emphasized the legal significance of a Bill Of Exchange as a valid instrument for settling debts. In summary, while a Bill Of Exchange isn't traditional legal tender, if can and does legally discharge debts. \n\n\nthis is my conditional offer to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX this claim and to please provide the following and further...... \n\nComes Now XXXX XXXX XXXX the XXXX and blood living woman an XXXX XXXX as surety that was pledged for the Nations debt in accordance with the following laws who swears under the penalty of perjury that the forgoing information is true, correct and without malice Exercising my right to discharge this claim/debt of {$3600.00} in accordance with the following laws and this negotiable instrument I have endorsed under the XXXX XXXX XXXX XXXX XXXX Expresses Reservation of rights Pursuant XXXX in accordance with Federal and State Laws Affiant demands all accounts /charges directed to affiants estate name Subrogated in Equity Pursuant HJR XXXX of XXXX, Public Law XXXX XXXX XXXX Code XXXX Fair Credit Billing Act ( XXXX ) XXXX XXXX Code XXXX Be Advised should HOME DEPOT CREDIT SERVICES/CITI BANK / Citi Retail Services and affiliated corporations/agency/firm proceed to violate the law and fail to preform fiduciary duties as appointed by governing agencies and terminate services extending to estate name/trust XXXX XXXX further violations.... \n\nXXXX XXXX XXXXXXXX Liability of share holders of reserve banks The share holders of every Federal reserve bank shall be held INDIVIDUALLY responsible, equally and ratably, and not XXXX for another, FOR ALL CONTRACTS, DEBTS, AND ENGAGEMENTS OF SUCH BANK to the extent of the amount of their subscriptions to such stock at the par value thereof in addition to the amount subscribed, whether such subscriptions have been paid up in whole or in part, under the provisions to this Act. [ XXXX XXXX. XXXX ] XXXX CORPORATE TRANSPARENCY ACT REQUIREMENT applies to civil and criminal penalties for ( XXXX ) failing to report or disclose or update a reporting agency 's XXXX and ( XXXX ) providing false or fraudulent XXXX. Civil penalties include a daily {$500.00} fine for a continuing violation, and up to a maximum of {$10000.00}. \nCriminal penalties include up to XXXX years imprisonment. \n\nFraudulent Charges Failure of national bank to accept terms of Act Any national bank failing to signify its acceptance of the terms of this Act within the XXXX days aforesaid, shall cease to act as a reserve agent, upon XXXX days notice, to be given within the discretion of the said organization committee of the XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX. ( Omitted from XXXX XXXX  ) Penalty for violation of Act by national banks Should any national banking association in the United States now organized fail within XXXX year after the passage of this Act to become a member bank or fail to comply with any of the provisions of the Act applicable thereto, all of the rights, privileges, and franchises of such association granted to is under the national-bank Act, or under the provisions of this Act, shall be thereby forfeited. Any noncompliance with or violation of this Act shall, however, be determined and adjudged by any court of the United States of competent jurisdiction in a suit brought for that purpose in the district or territory in which such bank is located, under direction of the XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX, by the Comptroller of the Currency in his own name before the association shall be declared dissolved. In cases of such noncompliance or violation, other than the failure to become a member bank under the provisions of this Act, every director who participated in or assented to the same shall be held liable in his person or individual capacity for all damages which said bank, it shareholders, or any other person shall have sustained in consequence of such violation. [ XXXX XXXX. XXXX ] The Facts Can not be altered or denied Therefore I demand for full discharge/credit of {$1000.00} to the account ending in XXXX LAWFUL NOTICE : Using a notary, clerk, or secretary on this document does not constitute any adhesion, nor does it altar any status and standing in any manner. The purpose for this is for verifying identity, authentication, and for the rules of evidence are not for co-mingling into any foreign jurisdiction. The XXXX XXXX is an independent XXXX and not a party to this claim. In fact the Certifying Notary is a federal witness Pursuant to TITLE XXXX PART XXXX CHAPTER XXXX, SEC. XXXX. Tampering with a witness, victim, or an informant. The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violation of the XXXX. Postal regulations as an XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX under XXXX XXXX XXXX is a violation of TITLE XXXX XXXXXXXX XXXX, Section XXXX, titled \" Deprivation of Rights Under XXXXXXXX XXXX XXXX '' which primarily governs police misconduct during any investigations. This makes it a crime for any person acting under the XXXXXXXX XXXX XXXX to willfully deprive any individual residing in the United States and/or United States of America those right protected by the XXXX XXXX laws and who have the authority to invoke the protection thereof.","date_sent_to_company":"2025-04-20T17:57:11.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"Store credit card","zip_code":"33870","tags":null,"has_narrative":true,"complaint_id":"13084826","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2025-04-20T17:26:33.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["It must contain an unconditional promise or order to pay a fixed amount of money, it must be <em>payable</em> on demand or at a specific time. It must be <em>payable</em> to order or to <em>bearer</em>. When you accept a bill, a negotiable instrument, or participate in a trade, or use a bankers acceptance and slasher or endorse and transfer the monetary instrument, you effectively negotiate that instrument, <em>which</em> then serves as tender of payment."]},"sort":[12.196473,"13084826"]},{"_index":"complaint-public-v1","_id":"7878980","_score":11.553578,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am a federally protected CONSUMER under title 15, chapter 41. I am a natural person and the original creditor in all consumer credit transactions in which I have participated in.\n\nChase has violated 12 CFR 1002 Regulation B by failing to notify me in writing that they were taking adverse action and closing accounts ending in 3116 and 5285. The accounts were closed after a billing error dispute with the account ending in 3116 in which Chase remains in dishonor for failing to perform a discharge or mutual offset with the U.S. Treasury. There was no billing error dispute with the account ending in 5285. However, Chase performed an unauthorized credit check to cover up the illegal adverse action. According to 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) IN GENERAL Subject to subsection ( c ), any `may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Chase is unable to produce the authorization from me to check my credit before closing the accounts in 3116 and 5285.\n\n12 CFR 1002 Regulation B states : ( 1 ) When notification is required. A creditor shall notify an applicant of action taken within : ( iii ) 30 days after taking adverse action on an existing account; or ( iv ) 90 days after notifying the applicant of a counteroffer if the applicant does not expressly accept or use the credit offered.\n\n( 2 ) Content of notification when adverse action is taken. A notification given to an applicant when adverse action is taken shall be in writing and shall contain a statement of the action taken; the name and address of the creditor ; a statement of the provisions of section 701 ( a ) of the Act ; the name and address of the Federal agency that administers compliance with respect to the creditor ; and either : ( i ) A statement of specific reasons for the action taken; or ( ii ) A disclosure of the applicant 's right to a statement of specific reasons within 30 days, if the statement is requested within 60 days of the creditor 's notification. The disclosure shall include the name, address, and telephone number of the person or office from which the statement of reasons can be obtained. If the creditor chooses to provide the reasons orally, the creditor shall also disclose the applicant 's right to have them confirmed in writing within 30 days of receiving the applicant 's written request for confirmation.\n\nChase committed fraud by saying they were unable to perform the discharge, yet keeping the 1099A, and failing to provide a Notice of Dishonor from the U.S. Treasury, and a copy of the accounting paperwork for the account such as 1096, 1099OID, 1099A, INC, PRC etc. Chase continued to commit fraud by claiming they notified me of the adverse action when that was not the case.\n\nChase illegally checked my credit to come up with the excuse that the account ending in XXXX was in bad standing when it never was. Chase previously received via certified mail XXXX XXXX XXXX XXXX XXXX XXXX and secure messaging, Non-Negotiable Notice of Default in Dishonor and Estoppel. The notice stated that since the account ending in XXXX was not credited via a discharge or mutual offset and Chase failed to properly honor my counter claim to Chases offer to contract, I therefore owe nothing, there can be no negative reporting to the credit reporting agencies and this matter should have been closed and settled. \n\nUCC 3-603 ( b ) states that : If tender of payment of an obligation to pay an instrument is made to a person ( in this case Chase ) entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. A tender of payment was presented was presented to Chase in the form of a negotiable instrument. Since the tender was refused, and the principal account was not credited, there is discharge. This fact can not be refuted in the court of law. https : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX According to UCC 3-104, a negotiable instrument is ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; and ( 2 ) is payable on demand or at a definite time ; https : XXXX Pursuant to Notice of dishonor ( Bills of Exchange Act ) 95 ( 1 ) Subject to this Act, when a bill has been dishonored by non-acceptance or by non-payment, notice of dishonor must be given to the drawer and each endorser, and any drawer or endorser to whom the notice is not given is discharged. The NON-NEGOTIABLE NOTICE OF ACCEPTED CREDIT ISSUED both requested a notice of dishonor from a qualified third party if the expressed instruction could not be fulfilled. Due to the fact the bill was dishonored, a notice of dishonor was to be sent to each drawer XXXX XXXX XXXX XXXX  ) XXXX However, XXXX : XXXX never received a notice of dishonor from Chase or the qualified third party ( U.S. Treasury ) therefore the account ending in XXXX was to be discharged rather than inaccurately reported as late or past due. This is another fact that can not be refuted in the court of law. https : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX \n\n\nChase has willfully and negligently placed inaccurate information on my consumer report for account XXXX which is a defamation of my character and a violation of the Fair Credit Reporting Act ( FCRA ), otherwise known as 15 USC 1681. Under 15 USC 1681a - Definitions ; rules of construction, in particular 15 USC 1681a ( 2 ) ( B ) ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; An exclusion means it should NOT be listed. Furthermore, a credit card is defined under the Truth in Lending Act or 15 USC 1602 under Definitions and rules of construction, as : ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. \n\nAny card refers to the fact that my own credit card or social security number in this context was used when I did business, therefore my own social security number was used to extend credit to myself in these transactions. \n\nContinuing with USC 1681a - Definitions ; rules of construction, specifically 15 USC 1681a ( 2 ) ( A ) ( i ), we see : ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report Clearly, exclusion means something that is not supposed to be included.\n\nTransactions or experiences between the consumer and the person making the report are not supposed to be included in a consumer report, and this reported information was an EXPERIENCE of mine therefore these accounts listed above must be deleted immediately.\n\nUnder 15 USC 1681a ( 4 ) - Congressional findings and statement of purpose : ( a ) Accuracy and fairness of credit reporting ; Congress finds that ( 4 ) there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumers right to privacy. It is obvious that my right to privacy as a consumer has been violated by publicly reporting this inaccurate information when I NEVER gave Chase permission to report in the first place.\n\nAs per 15 USC 1666 ( b ) entitled Timing of payments under ( a ) Time to make payments clearly states that a creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose. Chase is continuing to report late payments for the account ending in 3116 which is yet another violation of 15 USC 1681s-2. In Responsibilities of furnishers of information to consumer reporting agencies, where we see ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors : A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\nOf course, prohibition means something that is not allowed. This law says a person ( in the legal sense a person is a corporation like Chase ) shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\nAccording to 15 USC 1681b ( 2 ) - permissible purposes of consumer reports : ( A ) IN GENERAL SUBJECT TO SUBSECTION ( C ), ANY CONSUMER REPORTING AGENCY MAY FURNISH A CONSUMER REPORT UNDER THE FOLLOWING CIRCUMSTANCES AND NO OTHER : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\nI repeat and reiterate that I NEVER gave Chase or any other agency written permission to furnish information about account XXXX on my consumer credit report. \n\nIn conclusion, The Fair Credit Reporting Act ( 15 U.S. Code 1681 ) says ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\nThese blatant violations committed by Chase impair the efficiency of the banking system. Chase has violated my privacy with my consumer report, as I am the only one who can control what is listed and what is not.\n\nSince these accounts were reported without my written consent, that is considered identity theft. These violations are excessive and lead way to civil liability against Chase under 15 U.S. Code 1681n which is civil liability for willful noncompliance and 15 USC 1681o which allows for civil liability for negligent noncompliance. \n\nSince Chase has refused to provide validation of the account XXXX i.e. an agreement with the wet ink signature of both parties, nor has Chase provided a valid document where I gave written permission to check my credit and to report on my consumer report then Chase must immediately remove account XXXX from the credit reporting agencies, or pay me at least {$1000.00} per violation as the law provides. Chase is responsible for my suffering of defamation of character, stress, loss of opportunities etc. due to Chases violation of the FCRA.","date_sent_to_company":"2023-11-20T19:27:35.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"073XX","tags":null,"has_narrative":true,"complaint_id":"7878980","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2023-11-20T19:23:43.000Z","state":"NJ","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["This fact can not be refuted in the court of law. https : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX According to UCC 3-104, a negotiable instrument is ( 1 ) is <em>payable</em> to <em>bearer</em> or to order at the time it is issued or first comes into possession of a holder ; and ( 2 ) is <em>payable</em> on demand or at a definite time ; https : XXXX Pursuant to Notice of dishonor ( Bills of Exchange Act ) 95 ( 1 ) Subject to this Act"]},"sort":[11.553578,"7878980"]},{"_index":"complaint-public-v1","_id":"7887756","_score":11.54933,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am a federally protected CONSUMER under title 15, chapter 41. I am a natural person and the original creditor in all consumer credit transactions in which I have participated in. \n\nKohls/ Capital One has violated 12 CFR 1002 Regulation B by failing to notify me in writing that they were taking adverse action and closing account ending in XXXX The account was closed after a billing error dispute with the account ending in XXXX in which Kohls/ Capital One remains in dishonor for failing to perform a discharge or mutual offset with the U.S. Treasury . It seems, Kohls/ Capital One performed an unauthorized credit check to cover up the illegal adverse action. According to 15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) IN GENERAL Subject to subsection ( c ), any `may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Kohls/ Capital One is unable to produce the authorization from me to check my credit before closing the account ending in XXXX. \n\n12 CFR 1002 Regulation B states : ( 1 ) When notification is required. A creditor shall notify an applicant of action taken within : ( iii ) 30 days after taking adverse action on an existing account; or ( iv ) 90 days after notifying the applicant of a counteroffer if the applicant does not expressly accept or use the credit offered.\n\n( 2 ) Content of notification when adverse action is taken. A notification given to an applicant when adverse action is taken shall be in writing and shall contain a statement of the action taken; the name and address of the creditor ; a statement of the provisions of section 701 ( a ) of the Act ; the name and address of the Federal agency that administers compliance with respect to the creditor ; and either : ( i ) A statement of specific reasons for the action taken; or ( ii ) A disclosure of the applicant 's right to a statement of specific reasons within 30 days, if the statement is requested within 60 days of the creditor 's notification. The disclosure shall include the name, address, and telephone number of the person or office from which the statement of reasons can be obtained. If the creditor chooses to provide the reasons orally, the creditor shall also disclose the applicant 's right to have them confirmed in writing within 30 days of receiving the applicant 's written request for confirmation.\n\nKohls/ Capital One committed fraud by saying they were unable to perform the discharge, yet keeping the 1099A, and failing to provide a Notice of Dishonor from the U.S. Treasury , and a copy of the accounting paperwork for the account such as 1096, 1099OID, 1099A, INC , PRC etc. Kohls/ Capital One continued to commit fraud by claiming they notified me of the adverse action when that was not the case.\n\nKohls/ Capital One most likely illegally checked my credit to come up with the excuse that the account ending in XXXX was in bad standing when it never was. Kohls/ Capital One previously received via certified mail XXXX XXXX XXXX XXXX XXXX and secure messaging, Non-Negotiable Notice of Default in Dishonor and Estoppel. The notice stated that since the account ending in XXXX was not credited via a discharge or mutual offset and Kohls/ Capital One failed to properly honor my counter claim to Kohls/ Capital One offer to contract, I therefore owe nothing, there can be no negative reporting to the credit reporting agencies and this matter should have been closed and settled. \n\nUCC 3-603 ( b ) states that : If tender of payment of an obligation to pay an instrument is made to a person ( in this case Kohls/ Capital One ) entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. A tender of payment was presented was presented to Kohls/ Capital One in the form of a negotiable instrument. Since the tender was refused, and the principal account was not credited, there is discharge. This fact can not be refuted in the court of law. https : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX According to UCC 3-104, a negotiable instrument is ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; and ( 2 ) is payable on demand or at a definite time ; https : XXXX Pursuant to Notice of dishonor ( Bills of Exchange Act ) 95 ( 1 ) Subject to this Act, when a bill has been dishonored by non-acceptance or by non-payment, notice of dishonor must be given to the drawer and each endorser, and any drawer or endorser to whom the notice is not given is discharged. The NON-NEGOTIABLE NOTICE OF ACCEPTED CREDIT ISSUED both requested a notice of dishonor from a qualified third party if the expressed instruction could not be fulfilled. Due to the fact the bill was dishonored, a notice of dishonor was to be sent to each drawer ( XXXX XXXX XXXXXXXX ) XXXX However, XXXX : XXXX never received a notice of dishonor from Kohls/ Capital One or the qualified third party ( U.S. Treasury ) therefore the account ending in XXXX was to be discharged rather than inaccurately reported as late or past due. This is another fact that can not be refuted in the court of lawXXXX XXXX XXXX XXXXXXXX # : ~ : XXXX % XXXX ( XXXX ) % XXXX % XXXX % XXXX, is % XXXX % XXXX % XXXX % XXXX. \n\n\nKohls/ Capital One has willfully and negligently placed inaccurate information on my consumer report for account ending in XXXX which is a defamation of my character and a violation of the Fair Credit Reporting Act ( FCRA ), otherwise known as 15 USC 1681. Under 15 USC 1681a - Definitions ; rules of construction, in particular 15 USC 1681a ( 2 ) ( B ) ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; An exclusion means it should NOT be listed. Furthermore, a credit card is defined under the Truth in Lending Act or 15 USC 1602 under Definitions and rules of construction, as : ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit.\n\nAny card refers to the fact that my own credit card or social security number in this context was used when I did business, therefore my own social security number was used to extend credit to myself in these transactions.\n\nContinuing with USC 1681a - Definitions ; rules of construction, specifically 15 USC 1681a ( 2 ) ( A ) ( i ), we see : ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report Clearly, exclusion means something that is not supposed to be included.\n\nTransactions or experiences between the consumer and the person making the report are not supposed to be included in a consumer report, and this reported information was an EXPERIENCE of mine therefore these accounts listed above must be deleted immediately.\n\nUnder 15 USC 1681a ( 4 ) - Congressional findings and statement of purpose : ( a ) Accuracy and fairness of credit reporting ; Congress finds that ( 4 ) there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumers right to privacy. It is obvious that my right to privacy as a consumer has been violated by publicly reporting this inaccurate information when I NEVER gave Kohls/ Capital One permission to report in the first place.\n\nAs per 15 USC 1666 ( b ) entitled Timing of payments under ( a ) Time to make payments clearly states that a creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose. Kohls/ Capital One is continuing to report late payments for the account ending in XXXX which is yet another violation of 15 USC 1681s-2. In Responsibilities of furnishers of information to consumer reporting agencies, where we see ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors : A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\nOf course, prohibition means something that is not allowed. This law says a person ( in the legal sense a person is a corporation like Kohls/ Capital One ) shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\nAccording to 15 USC 1681b ( 2 ) - permissible purposes of consumer reports : ( A ) IN GENERAL SUBJECT TO SUBSECTION ( C ), ANY CONSUMER REPORTING AGENCY MAY FURNISH A CONSUMER REPORT UNDER THE FOLLOWING CIRCUMSTANCES AND NO OTHER : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\nI repeat and reiterate that I NEVER gave Kohls/ Capital One or any other agency written permission to furnish information about account ending in XXXX on my consumer credit report. \n\nIn conclusion, The Fair Credit Reporting Act ( 15 U.S. Code 1681 ) says ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\nThese blatant violations committed by Kohls/ Capital One impair the efficiency of the banking system. Kohls/ Capital One has violated my privacy with my consumer report, as I am the only one who can control what is listed and what is not.\n\nSince these accounts were reported without my written consent, that is considered identity theft. These violations are excessive and lead way to civil liability against Kohls/ Capital One under 15 U.S. Code 1681n which is civil liability for willful noncompliance and 15 USC 1681o which allows for civil liability for negligent noncompliance.\n\nSince Kohls/ Capital One has refused to provide validation of the account ending in XXXX i.e. an agreement with the wet ink signature of both parties, nor has Kohls/ Capital One provided a valid document where I gave written permission to check my credit and to report on my consumer report then Kohls/ Capital One must immediately remove account enging in XXXX from the credit reporting agencies, or pay me at least {$1000.00} per violation as the law provides. Kohls/ Capital One is responsible for my suffering of defamation of character, stress, loss of opportunities etc. due to Kohls/ Capital One violation of the FCRA.","date_sent_to_company":"2023-11-21T11:50:30.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"073XX","tags":null,"has_narrative":true,"complaint_id":"7887756","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2023-11-21T11:43:09.000Z","state":"NJ","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["This fact can not be refuted in the court of law. https : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX According to UCC 3-104, a negotiable instrument is ( 1 ) is <em>payable</em> to <em>bearer</em> or to order at the time it is issued or first comes into possession of a holder ; and ( 2 ) is <em>payable</em> on demand or at a definite time ; https : XXXX Pursuant to Notice of dishonor ( Bills of Exchange Act ) 95 ( 1 ) Subject to"]},"sort":[11.54933,"7887756"]},{"_index":"complaint-public-v1","_id":"13084699","_score":11.426392,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"( reference acct ) : Policy Number : XXXX XXXX XXXX This is a private communication and is intended to affect an out-of-court settlement of this matter. Conduct yourself accordingly. Should any provisions on this agreement be found to not be enforceable by order of a court of competent jurisdiction, it shall not adversely affect any other provision of this agreement and reasonable opportunity and effort shall be taken to modify it to become enforceable.\n\nRE : NOTICE OF INTENT TO FILE COMPLAINT DISHONOR OF BILL OF EXCHANGE AND FAILURE TO HONOR LEGAL TENDER NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL Dear \" WELLS FARGO BANK , N.A . # XXXX, Agent : XXXX SUCCESSORS AND/OR ASSIGNS '' corporation, agent, affiliated agency 's and agents This letter serves as a formal Notice of Intent to initiate a complaint against the XXXX XXXX XXXX XXXX XXXX  for its dishonor and refusal to accept a duly executed Bill of Exchange , properly endorsed and tendered for settlement of a financial obligation.\n\nThis action, if not corrected, constitutes a violation of numerous legal, constitutional, and public policy principles, including but not limited to : 1. Legal Tender and Public Policy : Under Title 31 U.S. Code 5103, United States coins and currency, including Federal Reserve Notes and instruments drawn on credit, are considered legal tender for all debts, public and private.\n\nThe Federal Reserve Act of 1913 authorizes the issuance of legal tender and the creation of credit-based instruments to facilitate commerce. A Bill of Exchange, when properly endorsed, falls within this framework and represents a valid method of payment under the Uniform Commercial Code ( UCC ), particularly UCC 3-104 and UCC 3-501 regarding presentment and dishonor.\n\n2. The Bankruptcy Act and HJR-192 ( XX/XX/XXXX ) : Following the Bankruptcy of the United States XXXX XXXX, and under House Joint Resolution 192, all obligations were required to be discharged without the use of gold or lawful money. This resolution became a binding public policy, mandating that the government and its subsidiaries ( including municipal corporations such as the XXXXXXXX XXXX XXXXXXXX ) must accept promissory instruments and Bills of Exchange as lawful discharge of debts, in the absence of constitutional money.\n\nThe refusal to honor such a lawful instrument violates this Public Policy Bond and constitutes bad faith in commerce, particularly when no lawful money ( i.e., gold/silver ) is recognized or demanded in exchange.\n\n3. Violation of Constitutional and Due Process Rights : By refusing to accept a lawful form of payment, the XXXX XXXX XXXX XXXX XXXX  is infringing upon my right to contract, right to due process under the Fifth and Fourteenth Amendments, and is failing to operate in good faith and fair dealing as required under contract and commercial law.\n\n4. Remedy Demanded : I hereby demand that the XXXX XXXX XXXX XXXX XXXX cure this dishonor within ten ( 10 ) business days of receipt of this notice by : Accepting the Bill of Exchange previously submitted, or Providing, in writing, a full lawful reason for its dishonor, supported by statute and legal authority.\n\nFailure to comply will result in a formal complaint being filed with : The Florida Public Service Commission ( PSC ) The Federal Trade Commission ( FTC ) The Consumer Financial Protection Bureau ( CFPB ) The Office of the Florida Attorney General Additional federal agencies and oversight boards as necessary This Notice of Intent is issued in good faith and in the interest of resolving this matter administratively and amicably. If no remedy is forthcoming, further action will be\ntaken as a matter of right under applicable law.\n\nand further... Fiduciary Appointment by Operation of Law Social Security Account Usage and Obligation to Set Off and Balance Be it known and let it be duly recorded that : \" WELLS FARGO BANK , N.A . # XXXX '' agents and principal By accessing, referencing, or utilizing my Social Security Account Number ( SSN ) an identifying account issued by the Social Security Administration and held in trust under the United States you have, by operation of law and through your own actions, appointed yourself as fiduciary, trustee, or liable party with respect to that account.\n\nThe use or acceptance of my Social Security Number or related account information in any transaction, contract, application, or administrative action constitutes tacit acceptance and agreement that : You have voluntarily assumed fiduciary responsibility over said account as defined under trust and commercial law ; You are obligated to discharge, set off, and balance any associated public charges, debts, or obligations through your access to credit, exemption accounts, and applicable set-off mechanisms ; You have a duty to act in equity, good faith, and with full disclosure in all matters involving this account ; Your failure to properly discharge or set off obligations arising from use of my Social Security Account, or your continued attempt to enforce collection contrary to public policy (\nHJR-192, June 5, 1933 ), may constitute bad faith, fraud, or breach of fiduciary duty under the law.\n\nThis fiduciary obligation arises from your use of my trust account information and is supported under : The Social Security Act, codified at 42 U.S.C. 301 et seq.\n\nPublic Policy HJR-192, enacted June 5, 1933 Uniform Commercial Code ( UCC ), specifically UCC 3-305 , 1-201, and 3-419 The Federal Reserve Act and related banking regulations Restatement ( Third ) of Trusts and general fiduciary law principles Therefore, I demand that you fulfill your fiduciary obligation by immediately setting off, adjusting, and balancing any account ( s ) or alleged obligations associated with the use of my SSN, account, or estate. Failure to do so shall be construed as willful breach of fiduciary duty and may be subject to legal remedy.\n\nNotice to agent is notice to principal. Notice to principal is notice to agent.\n\nWithout prejudice, XXXX XXXX All Rights Reserved, UCC 1-308 and further As Agent on behalf of the principal, XXXX XXXX I am instructing WELLS FARGO BANK , N.A . # XXXX to Set off the charges on Principals account via subrogation in equity, your offer is accepted for Value, and Exempt from XXXX XXXX is evidence that an endorsed coupon has been sent back for WELLS FARGO BANK , N.A . # XXXX to present to its the Federal Reserve window by asking for the principals social security you, WELLS FARGO BANK , N.A . # XXXX agreed to become Fiduciary As your fiduciary duty you are obligated to accept this form of payment via endorsed promissory note see : Bill Of Exchange Act, USCode 3-603 TENDER OF PAYMENT of this commercial transaction, UCC Article 3 governs Bills of Exchange see : PL73-10 HJR 192 of 1933 establishes that it is illegal to demand payment in a specific currency.\n\nDemanding specific currency is a direct violation of HJR 192 of 1933 Public Law 73-10, Against the law and a violation of rights under color of law .This phrase refers to actions taken by a financial institution and or person that misuses their authority leading to a Deprivation of Rights by pretending that one can enforce payment in a specific currency an entity is exerting unlawful pressure on individuals thus extorting, coercing, and injuring them and the entity is as infringing upon their rights and legal protections. This action is not only unjust, but also contrary to established law and legal standards that recognize alternative forms of payment as valid. The demand for specific currency payment is not only inconsistent with HJR 192 and the UCC but also constitutes a form of legal overreach that deprives individuals of their rights. UCC 3-104 defining negotiable instruments 3-104 defines a negotiable instruments which is a document that promises payment of money under specific conditions. According to UCC 3-104, for an instrument to be negotiable, it must meet these criteria, it must be in writing and it must be signed by the maker or drawer. It must contain an unconditional promise or order to pay a fixed amount of money, it must be payable on demand or at a specific time. It must be payable to order or to bearer. When you accept a bill, a negotiable instrument, or participate in a trade, or use a bankers acceptance and slasher or endorse and transfer the monetary instrument, you effectively negotiate that instrument, which then serves as tender of payment. This means that it can be used to discharge debts just like cash, you assign credit to the company to credit the account.\n\n5 ) Acceptance and Settlement to function effectively as legal tender, the payee must accept the bill upon presentment. If it is non negotiable, the drawee must honor it according to the terms specified without transferring it further, it's effectiveness relies on mutual acceptance not the instrument inherent value. 6 ) UCC3-603 and 3-311 provisions. Most importantly UCC section 3-603 stipulates that refusal to accept a valid bill of exchange results in the discharge of the debt amount. This means that if the debtor presents a bill of Exchange for payment and the creditor refuses to accept it, the debt is considered to be discharged. Furthermore, UCC section 3-311 stipulates that if the tender of payment is accompanied by a statement indicating that is is for full satisfaction for the debt there is a discharge of the obligation. This further emphasized the legal significance of a Bill Of Exchange as a valid instrument for settling debts. In summary, while a Bill Of Exchange isn't traditional legal tender, if can and does legally discharge debts.\n\nthis is my conditional offer to WELLS FARGO BANK , N.A . # XXXX corporations/agency 's are asked to validate this claim and to please provide the following and further......\n\nComes Now XXXX XXXX XXXX the flesh and blood living woman an XXXX XXXX as surety that was pledged for the Nations debt in accordance with the following laws who swears under the penalty of perjury that the forgoing information is true, correct and without malice Exercising my right to discharge this claim/debt of {$3600.00} in accordance with the following laws and this negotiable instrument I have endorsed under the Bill Of Exchange Act Affiant Expresses Reservation of rights Pursuant UCC1-308 in accordance with Federal and State Laws Affiant demands all accounts /charges directed to affiants estate name Subrogated in Equity Pursuant HJR 192 of 1933, Public Law 73-10 15 U.S. Code 1666 Fair Credit Billing Act ( FCBA ) 18 U.S. Code 8 Be Advised should WELLS FARGO BANK , N.A . # XXXX and affiliated corporations/agency/firm proceed to violate the law and fail to preform fiduciary duties as appointed by governing agencies and terminate services extending to estate name/trust XXXX XXXX further violations.... \n\nFEDERAL RESERVE ACT Liability of share holders of reserve banks The share holders of every Federal reserve bank shall be held INDIVIDUALLY responsible, equally and ratably, and not one for another, FOR ALL CONTRACTS, DEBTS, AND ENGAGEMENTS OF SUCH BANK to the extent of the amount of their subscriptions to such stock at the par value thereof in addition to the amount subscribed, whether such subscriptions have been paid up in whole or in part, under the provisions to this Act. [ 12 U.S.C. 502 ] 2025 CORPORATE TRANSPARENCY ACT REQUIREMENT applies to civil and criminal penalties for ( 1 ) failing to report or disclose or update a reporting agency 's BOI and ( 2 ) providing false or fraudulent BOI. Civil penalties include a daily {$500.00} fine for a continuing violation, and up to a maximum of {$10000.00}.\n\nCriminal penalties include up to two years imprisonment.\n\nFraudulent Charges Failure of national bank to accept terms of Act Any national bank failing to signify its acceptance of the terms of this Act within the sixty days aforesaid, shall cease to act as a reserve agent, upon thirty days notice, to be given within the discretion of the said organization committee of the Board of Governors of the Federal Reserve System. ( Omitted from U.S. Code ) Penalty for violation of Act by national banks Should any national banking association in the United States now organized fail within one year after the passage of this Act to become a member bank or fail to comply with any of the provisions of the Act applicable thereto, all of the rights, privileges, and franchises of such association granted to is under the national-bank Act, or under the provisions of this Act, shall be thereby forfeited. Any noncompliance with or violation of this Act shall, however, be determined and adjudged by any court of the United States of competent jurisdiction in a suit brought for that purpose in the district or territory in which such bank is located, under direction of the Board of Governors of the Federal Reserve System, by the Comptroller of the Currency in his own name before the association shall be declared dissolved. In cases of such noncompliance or violation, other than the failure to become a member bank under the provisions of this Act, every director who participated in or assented to the same shall be held liable in his person or individual capacity for all damages which said bank, it shareholders, or any other person shall have sustained in consequence of such violation. [ 12 U.S.C. 501a ] The Facts Can not be altered or denied Therefore I demand for full discharge of in the amount of {$3600.00} LAWFUL NOTICE : Using a notary, clerk, or secretary on this document does not constitute any adhesion, nor does it altar any status and standing in any manner. The purpose for this is for verifying identity, authentication, and for the rules of evidence are not for co-mingling into any foreign jurisdiction. The Certifying Notary is an independent contractor and not a party to this claim. In fact the Certifying Notary is a federal witness Pursuant to TITLE 18 PART 1 CHAPTER 73, SEC. 1512. Tampering with a witness, victim, or an informant. The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violation of the U.S. Postal regulations as an Officer of the Executive Department. Intimidating a Notary Public under Color of Law is a violation of TITLE 18 U.S. Code, Section 242, titled \" Deprivation of Rights Under Color of Law, '' which primarily governs police misconduct during any investigations. This makes it a crime for any person acting under the Color of Law to willfully deprive any individual residing in the United States and/or United States of America those right protected by the Constitution U.S. laws and who have the authority to invoke the protection thereof.","date_sent_to_company":"2025-04-20T16:46:34.000Z","issue":"Other transaction problem","sub_product":"Virtual currency","zip_code":"33870","tags":null,"has_narrative":true,"complaint_id":"13084699","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2025-04-20T16:34:02.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["It must contain an unconditional promise or order to pay a fixed amount of money, it must be <em>payable</em> on demand or at a specific time. It must be <em>payable</em> to order or to <em>bearer</em>. When you accept a bill, a negotiable instrument, or participate in a trade, or use a bankers acceptance and slasher or endorse and transfer the monetary instrument, you effectively negotiate that instrument, <em>which</em> then serves as tender of payment."]},"sort":[11.426392,"13084699"]},{"_index":"complaint-public-v1","_id":"9693547","_score":9.950862,"_source":{"product":"Credit card","complaint_what_happened":"I am an XXXX and XXXX in this company. I am a living XXXX of legal age and XXXX of this account. I have given more than XXXX notices. Any and all forms of your power of attorney have been removed. This account is supposed to be in billing error status. Several notices have been sent to your office and indentured trustee at XXXX XXXX. You have received XXXX from myself and the IRS. Instead of honoring the billing error status and honoring the request that funds owed to the noteholder are returned, you instead took actions to close the account and suspend spending abilities. Thats considered adverse action and is unlawful. \nSeveral registered securities ( negotiable instruments ) have been sent to the indenture trustee and your office. Those securities were kept and not returned. However, my account was not credited. Thats considered mail fraud, security fraud, theft, and unjust enrichment and shall be reported to the proper authorities if I do not receive remedy immediately. \n\nYou're getting money from the treasury through your clearinghouse using my name and social security number then pretending like you gave me a loan or credit when in reality I gave you a loan or credit. \n\nSecuritization Of Accounts & Security Violations I know that you are trading my account via the security exchange through your XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX. I know that you have securitized and transferred my contract and application to and through your Trust and paying agents. I will hold everyone who has sold or received the notes/securities accountable. My contract and application are considered securities that youre selling. As a certificate holder or noteholder, I'm demanding an asset representation review. I want the allonge for every transaction involving the selling of my securities. \n\nYour XXXX and prospectus filed with the XXXX states that youre supposed to cancel out all debt for the prior year. Youre supposed to credit my account for any balance in excess of {$1.00} according to XXXX XXXX XXXX. Youre supposed to transfer it to my bank account every month via the Electronic Funds Transfer Act. You're supposed to settle out my balance at the end of every month. That the statement that I receive monthly is for a dividend. \nWith that being said, no consideration was given to me and you just assumed that everything was a gift. I am the only one not being paid in this transaction. Even after I brought it to your attention that I wanted my funds back and wanted to receive my payments as written in your documents, you continued to steal from me. Thats unjust enrichment, racketeering, and the fact that youre doing it to so many customers, its considered organized crime. It's also tax evasion since I know you haven't reported any of your earnings on my old securities or the new ones you received recently to the IRS. \n\nYou were recently fined {>= $1,000,000} by the OCC and I understand why. Banks like you don't deserve to be in business and interact with customers the way that you're stealing from us. It's one thing for someone to be oblivious and not care, but if someone is conscious and brings it to your attention it should be addressed and that person should be given what they ask for because it rightfully belongs to them. \n\nXXXX XXXX XXXX The primary assets of the trust are receivables in designated consumer American Express revolving credit card accounts and receivables generated with the use of revolving credit features associated with certain other American Express credit card accounts and, in the future, may include other charge or credit accounts or features or products. The receivables consist of principal receivables and finance charge receivables. \n\nThird Amended and Indenture Exhibit 4.5 Section 4.07 Payment of Interest ; Interest Rights Preserved ; Withholding Taxes. ( a ) Unless otherwise provided with respect to such Note pursuant to Section 4.01, interest payable on any Registered Note will be paid to the Person in whose name that Note ( or one or more Predecessor Notes ) is registered at the close of business on the most recent Record Date and interest payable on any Bearer Note will be paid to the bearer of that Note ( or the applicable coupon ). \n\nSection 4.08 Persons Deemed Owners. Title to any Bearer Note, including any coupons appertaining thereto, shall pass by delivery. The Issuer, the Indenture Trustee, the Owner Trustee, a Beneficiary and any agent of the Issuer, the Indenture Trustee, the Owner Trustee, or a Beneficiary may treat the Person who is proved to be the owner of such Note pursuant to subsection 1.04 ( c ) as the owner of such Note for the purpose of receiving payment of principal of and ( subject to Section 4.07 ) interest on such Note and for all other purposes whatsoever, whether or not such Note be overdue, and none of the Issuer, the Indenture Trustee, the Owner Trustee, or any agent of the Issuer, the Indenture Trustee, the Owner Trustee, or any Beneficiary will be affected by notice to the contrary. \n\n11.01 Payment of Principal and Interest. With respect to each Series, Class or Tranche of Notes, the Issuer will duly and punctually pay the principal of and interest on such Notes in accordance with their terms, this Indenture and any related Indenture Supplement, and will duly comply with all the other terms, agreements and conditions contained in, or made in this Indenture and any related Indenture Supplement for the benefit of, the Notes of such Series, Class or Tranche. The payment of principal and interest on each Series, Class or Tranche of Notes will be primarily based on the performance of the Receivables and, except for interest rate or currency mismatches, will not be contingent on market or credit events that are independent of the Receivables.\n\nSection 11.03 Money for Note Payments to be Held in Trust. The Paying Agent, on behalf of the Indenture Trustee, will make distributions to Noteholders from the Collection Account or other applicable Issuer Account pursuant to the provisions of any Indenture Supplement and will report the amounts of such distributions to the Indenture Trustee. Any Paying Agent will have the revocable power to withdraw funds from the Collection Account or other applicable Issuer Account for the purpose of making the distributions referred to above.\n\nThe Issuer will cause each Paying Agent ( other than the Indenture Trustee ) for any Series, Class or Tranche of Notes to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent will agree with the Indenture Trustee ( and if the Indenture Trustee acts as Paying Agent, it so agrees ), subject to the provisions of this Section 11.03, that such Paying Agent will : ( a ) hold all sums held by it for the payment of principal of or interest on Notes of such Series, Class or Tranche in trust for the benefit of the Persons entitled thereto until such sums will be paid to such Persons or otherwise disposed of as herein provided ; ( b ) if such Paying Agent is not the Indenture Trustee, give the Indenture Trustee notice of any default by the Issuer ( or any other obligor upon the Notes of such Series, Class or Tranche ) in the making of any such payment of principal or interest on the Notes of such Series, Class or Tranche ; ( e ) comply with all requirements of the Internal Revenue Code or any other applicable tax law with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith. \nThe Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture with respect to any Series, Class or Tranche of Notes or for any other purpose, pay, or by an Officers Certificate direct any Paying Agent to pay, to the Indenture Trustee all sums held in trust by the Issuer or such Paying Agent in respect of each and every Series, Class or Tranche of Notes as to which it seeks to discharge this Indenture or, if for any other purpose, all sums so held in trust by the Issuer in respect of all Notes, such sums to be held by the Indenture Trustee upon the same trusts as those upon which such sums were held by the Issuer or such Paying Agent ; and, upon such payment by any Paying Agent to the Indenture Trustee, such Paying Agent will be released from all further liability with respect to such money. \n\nAny money deposited with the Indenture Trustee or any Paying Agent, or then held by the Issuer, in trust for the payment of the principal of or interest on any Note of any Series, Class or Tranche and remaining unclaimed for XXXX years after such principal or interest has become due and payable will be paid to the Issuer upon request in an Officers Certificate, or ( if then held by the Issuer ) will be discharged from such trust ; and the Holder of such Note will thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof, and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money, and all liability of the Issuer as trustee thereof, will thereupon cease. The Indenture Trustee or such Paying Agent, before being required to make any such repayment, may at the expense of the Issuer give to the Holders of the Notes as to which the money to be repaid was held in trust, as provided in Section 1.06, a notice that such funds remain unclaimed and that, after a date specified in the notice, which will not be less than 30 days from the date on which the notice was first mailed or published to the Holders of the Notes as to which the money to be repaid was held in trust, any unclaimed balance of such funds then remaining will be paid to the Issuer free of the trust formerly impressed upon it. \n\nUCC Violations I have sent you several signed securities pursuant to UCC Article 3 in which you have not credited to my account nor returned the securities ( instruments ). According to the Federal Reserve Act Section 29, you are in violation and I am owed Civil Money Penalties. I have all the receipts from where I sent you securities via registered mail. My next step is to report those securities stolen to the Postmaster, UPU, Comp Controller, FTC, and the SEC. \n\nOpting Out I'm opting out of all negative reporting until further notice. Per the FCRA, as a federally protected consumer, I am now opting out of any and all authorization, I, the consumer, may have given you written, unwritten, verbal, and non-verbal per 15 USC 6802. Effective Immediately.\n\n12 CFR 1026.11 ( 15 usc 1666 a, b, c, d ) - Treatment of credit balances ; account termination. \n( a ) Credit balances. When a credit balance in excess of {$1.00} is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within XXXX business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than XXXX months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. \n( b ) Account termination. \n( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. \n( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. \n( c ) Timely settlement of estate debts ( 1 ) General rule. \n( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased accountholder can determine the amount of and pay any balance on the account in a timely manner. \n( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint accountholder remains on the account. \n( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner.\n\n( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely.\n\n( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ).\n\n( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.\n\n12 CFR 1026.13 - Billing error resolution.\n\n( a ) Definition of billing error. For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to the consumer or to a person who has actual, implied, or apparent authority to use the consumer 's credit card or open-end credit plan.\n\n( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with the requirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.\n\n( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by the consumer or the consumer 's designee, or not delivered to the consumer or the consumer 's designee as agreed.\n\n( 4 ) A reflection on a periodic statement of the creditor 's failure to credit properly a payment or other credit issued to the consumer 's account.\n\n( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by the creditor.\n\n( 6 ) A reflection on a periodic statement of an extension of credit for which the consumer requests additional clarification, including documentary evidence.\n\n( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required.\n\n( b ) Billing error notice. A billing error notice is a written notice from a consumer that : ( 1 ) Is received by a creditor at the address disclosed under 1026.7 ( a ) ( 9 ) or ( b ) ( 9 ), as applicable, no later than 60 days after the creditor transmitted the first periodic statement that reflects the alleged billing error ; ( 2 ) Enables the creditor to identify the consumer 's name and account number; and ( 3 ) To the extent possible, indicates the consumer 's belief and the reasons for the belief that a billing error exists, and the type, date, and amount of the error.\n\n( c ) Time for resolution ; general procedures.\n\n( 1 ) The creditor shall mail or deliver written acknowledgment to the consumer within 30 days of receiving a billing error notice, unless the creditor has complied with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within the 30-day period; and ( 2 ) The creditor shall comply with the appropriate resolution procedures of paragraphs ( e ) and ( f ) of this section, as applicable, within 2 complete billing cycles ( but in no event later than 90 days ) after receiving a billing error notice.\n\n( d ) Rules pending resolution. Until a billing error is resolved under paragraph ( e ) or ( f ) of this section, the following rules apply : ( 1 ) Consumer 's right to withhold disputed amount ; collection action prohibited. The consumer need not pay ( and the creditor may not try to collect ) any portion of any required payment that the consumer believes is related to the disputed amount ( including related finance or other charges ). If the cardholder has enrolled in an automatic payment plan offered by the card issuer and has agreed to pay the credit card indebtedness by periodic deductions from the cardholder 's deposit account, the card issuer shall not deduct any part of the disputed amount or related finance or other charges if a billing error notice is received any time up to 3 business days before the scheduled payment date.\n\n( 2 ) Adverse credit reports prohibited. The creditor or its agent shall not ( directly or indirectly ) make or threaten to make an adverse report to any person about the consumer 's credit standing, or report that an amount or account is delinquent, because the consumer failed to pay the disputed amount or related finance or other charges.\n\n( 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. A creditor may be subject to the forfeiture penalty under 15 U.S.C. 1666 ( e ) for failure to comply with any of the requirements of this section.\n\n( 4 ) Permitted creditor actions. A creditor is not prohibited from taking action to collect any undisputed portion of the item or bill ; from deducting any disputed amount and related finance or other charges from the consumer 's credit limit on the account ; or from reflecting a disputed amount and related finance or other charges on a periodic statement, provided that the creditor indicates on or with the periodic statement that payment of any disputed amount and related finance or other charges is not required pending the creditor 's compliance with this section.\n\n( e ) Procedures if billing error occurred as asserted. If a creditor determines that a billing error occurred as asserted, it shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to the consumer.\n\n( f ) Procedures if different billing error or no billing error occurred. If, after conducting a reasonable investigation, a creditor determines that no billing error occurred or that a different billing error occurred from that asserted, the creditor shall within the time limits in paragraph ( c ) ( 2 ) of this section : ( 1 ) Mail or deliver to the consumer an explanation that sets forth the reasons for the creditor 's belief that the billing error alleged by the consumer is incorrect in whole or in part ; ( 2 ) Furnish copies of documentary evidence of the consumer 's indebtedness, if the consumer so requests ; and ( 3 ) If a different billing error occurred, correct the billing error and credit the consumer 's account with any disputed amount and related finance or other charges, as applicable.\n\n( g ) Creditor 's rights and duties after resolution. If a creditor, after complying with all of the requirements of this section, determines that a consumer owes all or part of the disputed amount and related finance or other charges, the creditor : ( 1 ) Shall promptly notify the consumer in writing of the time when payment is due and the portion of the disputed amount and related finance or other charges that the consumer still owes ; ( 2 ) Shall allow any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable, during which the consumer can pay the amount due under paragraph ( g ) ( 1 ) of this section without incurring additional finance or other charges ; ( 3 ) May report an account or amount as delinquent because the amount due under paragraph ( g ) ( 1 ) of this section remains unpaid after the creditor has allowed any time period disclosed under 1026.6 ( a ) ( 1 ) or ( b ) ( 2 ) ( v ), as applicable, and 1026.7 ( a ) ( 8 ) or ( b ) ( 8 ), as applicable or 10 days ( whichever is longer ) during which the consumer can pay the amount ; but ( 4 ) May not report that an amount or account is delinquent because the amount due under paragraph ( g ) ( 1 ) of the section remains unpaid, if the creditor receives ( within the time allowed for payment in paragraph ( g ) ( 3 ) of this section ) further written notice from the consumer that any portion of the billing error is still in dispute, unless the creditor also : ( i ) Promptly reports that the amount or account is in dispute ; ( ii ) Mails or delivers to the consumer ( at the same time the report is made ) a written notice of the name and address of each person to whom the creditor makes a report ; and ( iii ) Promptly reports any subsequent resolution of the reported delinquency to all persons to whom the creditor has made a report.\n\n( h ) Reassertion of billing error. A creditor that has fully complied with the requirements of this section has no further responsibilities under this section ( other than as provided in paragraph ( g ) ( 4 ) of this section ) if a consumer reasserts substantially the same billing error.\n\n( i ) Relation to Electronic Fund Transfer Act and Regulation E. A creditor shall comply with the requirements of Regulation E, 12 CFR 1005.11, and 1005.18 ( e ) as applicable, governing error resolution rather than those of paragraphs ( a ), ( b ), ( c ), ( e ), ( f ), and ( h ) of this section if : ( 1 ) Except with respect to a prepaid account as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs under an agreement between the consumer and a financial institution to extend credit when the consumer 's account is overdrawn or to maintain a specified minimum balance in the consumer 's account ; or ( 2 ) With regard to a covered separate credit feature and an asset feature of a prepaid account where both are accessible by a hybrid prepaid-credit card as defined in 1026.61, an extension of credit that is incident to an electronic fund transfer occurs when the hybrid prepaid-credit card accesses both funds in the asset feature of the prepaid account and a credit extension from the credit feature with respect to a particular transaction.\n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.\n\nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ).\n\n( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses.\n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.\n\n( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.\n\n( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit.\n\n( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-08-02T16:07:59.000Z","issue":"Trouble using your card","sub_product":"General-purpose credit card or charge card","zip_code":"34601","tags":null,"has_narrative":true,"complaint_id":"9693547","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AMERICAN EXPRESS COMPANY","date_received":"2024-08-02T15:24:16.000Z","state":"FL","company_public_response":null,"sub_issue":"Can't use card to make purchases"},"highlight":{"complaint_what_happened":["Third Amended and Indenture Exhibit 4.5 Section 4.07 Payment of Interest ; Interest Rights Preserved ; Withholding Taxes. ( a ) Unless otherwise provided with respect to such Note pursuant to Section 4.01, interest <em>payable</em> on any Registered Note will be paid to the Person in whose name that Note ( or one or more Predecessor Notes ) is registered at the close of business on the most recent Record Date and interest <em>payable</em> on any <em>Bearer</em> Note will be paid to the <em>bearer</em> of that Note ( or the applicable"]},"sort":[9.950862,"9693547"]},{"_index":"complaint-public-v1","_id":"7015403","_score":9.038859,"_source":{"product":"Debt collection","complaint_what_happened":"Without prejudice, the company HomeLoanServ is and has been harassing me for the past 3 years in regards to a mortgage loan and are now attempting another foreclosure attempt on my property if I do not pay them within the next 35 days. I have claimed fraud in the past and have now compiled enough evidence for the Consumer Financial Protections Bureau to hold an investigation, proving without a shadow of a doubt, the company has been extorting me, and now that I have recently completed my investigation that my assumptions regarding the company were true, I have evidence from the State that the company, never has infact held any perfected, legal, legitimate interest in the property, and that they do not in fact have any interest in the property by proxy. The company is practicing predatory lending, unaccredited, and is part of a large web of organized, white collar criminals, preying on innocent homeowners with fraud for profit. \n\nI have contacted, and confirmed with the Texas Secretary of State UCC office, and they have no perfected lien filed, no UCC Filing Statements filed, and nothing recorded at the county level in XXXX XXXX XXXX XXXX XXXX XXXX, and HomeLoanServ has no record of any debt recorded under my name, or property and this entire time I have been terrorized, family ruined, unable to work and, I have been scammed, and my entire life turned upside down on a fraudulent real estate transaction by predatory lenders, as a first time homeowner. \n\nThe company HomeLoanServ conspired to trick me into an unlawful agreement and consent, and has made their claim of interest towards the property merely by invasively accessing my tax records before I could, stating they are paying the taxes as part of escrow, but when I visited the tax office in person in downtown XXXX, Texas, the clerk said to me anyone can pay the taxes but that does not give them any rights to the property. This one deceptive action is what made me believe they had interest when they never did. \n\nThe company has stolen my identity and used my information, and accessed my information to infiltrate these various organizations to appear to be my mortgage company, but this was all done in complete fraud and used as a way to attempt to swindle me out of my property. When I questioned them, and protested, and disputed the amount, I was met with threats of foreclosure, and given I was not familiar with real estate that much, I was terrified and was then their slave. The amounts fluctuated, the terms adjusted, but I was a XXXX. This caused me great anxiety and stress and ultimately caused me to lose everything, my family, my career, and my physical and mental health. \n\nThe company HomeLoanServ, has repeatedly sent me documentation claiming that they are the legitimate lender, mortgage servicing company, and now they are claiming to be a debt collector. \nThe company is acting in fraud and using deceptive practices to intimidate me and try to force me into foreclosure again. They attempted to foreclose on the property in the past Notice of Foreclosure, forging documentation Assignments, using fake names, and people XXXX XXXX and are trying again and I can not deal with this anymore. I had no choice but to try and work with the company because I was a first time homebuyer and had no idea how the process worked but now I am aware of my rights, and the fraud that has taken place and I am notifying the Consumer Financial Protections Bureau, the Federal Trade Commission, and all government and regulatory agencies of this company and the crimes that they have committed against me and authorizing immediate administrative enforcement for the crimes committed and a detailed report regarding the findings, including but not limited to, the investigation notes, a forensic analysis of the documentation presented by both parties, and the final determination. Under The Fair Debt Collection Practices Act As amended by Public Law 111-203, title X, 124 Stat. 2092 ( 2010 ) I am attaching evidence of 1 ) mail fraud, 2 ) forgery, 3 ) falsifying documentation, 4 ) harassment, 5 ) backdating documents, 6 ) defamation of character, 7 ) fraud for profit, 8 ) extortion, 9 ) trust fraud, 10 ) bifurcation, 11 ) deprivation of rights, 12 ) malfeasance in office, 13 ) numerous banking crimes, 14 ) Notary fraud, 15 ) mortgage fraud, dozens of Uniform Commercial Code Violations, USC violations, and the Fair Debt Collection Practices Act, specifically : *802 Congressional findings and declarations of purpose ( a ) Abusive practices.\n\n*805 Communication in connection with debt collection ( c ) Ceasing communication *806 Harassment or Abuse, *807 False or Misleading representations, *808 Unfair practices, *809 Validation of debt *821 Furnishing certain deceptive forms The company is to verify or dispute all the allegations made regarding the violations and any allegations therein of this Admissions Requests. This will serve as the best way to verify the complaint.\n\nNo signed contract exists between I and HomeLoanServ and they shall have no contract, and never will, and they, along with their parent shell company, Idaho Housing and Finance Association, and the original lender XXXX XXXX XXXX XXXX XXXX XXXX ( fraud ), and the XXXX XXXX XXXX  XXXX, conspired against the first time homebuyer in fraud for profit. \nAdmit, I was a victim of fraud and tricked into paying for a property I had already owned as collateral to issue out any security interest.\n\nAdmit, I was fooled and lied to at closing by the title company, and not provided full disclosure to the contract and the entire transaction was made to discriminate against me with improper grammar, syntax errors, misleading language, illegal provisions. \nAdmit, the company HomeLoanServ only mails generic letters, none of which are signed by an actual member of staff, meaning, none of the documentation is authenticated and is not enforceable by law in any court or jurisdiction. \nAdmit, none of my considerations, requests, questions, or concerns in the many letters I have written are addressed or answered by a member of the company with a name and signed. \nAdmit, if HomeLoanServ and I did have a securities interest contract ( which we dont ), this would be a breach of the contract, thus making it void in the first place. \nAdmit, breach of contract occurs whenever a party who entered a contract fails to perform their promised obligations. Due to the frequency of breaches of contract, a robust body of law has grown to resolve the ensuing disputes. \nAdmit, the overarching goal of contract law is to place the harmed party in the same economic position they would have been in had no breach of contract occurred. As a result, the default remedy available for a breach of contract is monetary damages. \nAdmit, consideration is a promise, performance, or forbearance bargained by a promisor in exchange for their promise. Consideration is the main element of a contract. Without consideration by both parties, a contract can not be enforceable. For instance, if a person used the money to purchase an apple, the apple is the merchants consideration, and the money is the persons consideration. \nAdmit, I does not and have not consented to any of the offers of fraud, only by being lied to, threatened, fooled, and force and given there is no statute of limitations on fraud, any implied, perceived, tacit, stated or unstated agreement that we may have had, made in fear, ignorance, or through deceptive means and fraud, is now, and forever void, and retracted. \nAdmit, the company, HomeLoanServ has stolen thousands of dollars from I, on a lie and stolen government funds from programs designed to assist homeowners in their time of need.\n\nAdmit, ANY contract that may have been assigned illegally, under the table, is now voided.\n\nAdmit, I has requested a perfected lien numerous times over the past few years and never received one, and if the Consumer Financial Protections Bureau is unable to get one, then your office has no choice but to rule in my favor or you will be in malfeasance in office, willfully negligent, and you will be aiding and abetting criminals against the United States of America, which is Treason, and violating your oath which is perjury. \nAdmit, a UCC Financing Statement : Perfection can be obtained by a creditor by filing a UCC Financing Statement with the Secretary of State. \nAdmit, a qualified financing statement should include : Debtor and secured partys name, Collateral describing, and A creditor or other person authorized by the debtor in their security agreement files it.\n\nAdmit, the company HomeLoanServ has not provided a qualified financing statement.\n\nAdmit, if there are some errors or omissions that do not comply with the above requirements of the UCC, the financing statement may still be effective unless such mistakes make the statement substantially deviating and seriously misleading. \nAdmit, as the only party in possession and control of the property, I, I, solely hold the only perfected security interest and reserve all my rights to the property at XXXX XXXX XXXX XXXXXXXX XXXX XXXX, Texas, XXXX. \nAdmit, the company HomeLoanServ conspired and stole, and forged the Notes, and forged Is name on the Note, in company of the other predatory lenders that will be filed on it as well.\n\nAdmit, the company HomeLoanServ, has acted as though they are the 1. mortgage company and 2. the mortgage servicers and 3. Debt collector. ( see attachments ) Admit, when the property was attempted to be foreclosed on I, HomeLoanServ was nowhere to be found on the documentation as a debt collector and they used another debt collector, XXXXXXXX XXXX XXXXXXXX. \nAdmit, HomeLoanServ is an out of state company as a shell company to evade liability, using deceptive trade practices named Idaho Housing and Finance Association. \nI confess that I have paid them but it was in ignorance and fraud and under threat and duress in fear of losing my home and having numerous correspondences requesting authenticated statements of accounting and all those actions were made in fraud. \nAdmit, the company HomeLoanServ attempted to make I actually sign a promissory note, during a loan modification, notarized in an attempt to give them interest in the property.\n\nAdmit, the company HomeLoanServ has stolen my identity and made bonds in the background utilizing my information using my trust information.\n\nAdmit, the company HomeLoanServ has also committed fraud against the government by taking my online payments and taking the payment coupons as well and redeeming them, essentially double dipping the payments and pocketing the money.\n\nAdmit, the company HomeLoanServ has not reported all earnings to the Internal Revenue Service for the payments I have made and the bonds created to my knowledge from the numbers that have been missing or wrong. \nAdmit, under UCC 3-104. NEGOTIABLE INSTRUMENT. ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time ; Admit, under protest, threat and duress, I sent the company a conditional acceptance letter and a negotiable instrument as tender of payment coupon from their mortgage coupon for the value of {$420000.00} ( XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX ) in error, in an attempt to pay the debt, certified mail that was endorsed on the back to cover the alleged loans, and requested that they either accept it or send it back and it was accepted and not returned. \nAdmit, I sent another negotiable instrument as a tender of payment coupon from their mortgage booklet for the value of {$200000.00} ( XXXX XXXXXXXX XXXX XXXX XXXX ) certified mail, return receipt, with a conditional acceptance contract that I signed and notarized and was delivered certified mail, with a return receipt sign accepting the payment and the offer, in order to have them cease all harassment. \nAdmit, according to UCC 1-308.\n\nAdmit according to UCC 3-603.\n\nAdmit, if tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. \nAdmit, numerous attempts were made to tender payment the company in fear and arranged for them to be paid off to get the company out of my life because I did not have enough time to think of a better strategy to prevent them from attempting to steal my home again and the payment coupon was accepted with the contract and they kept the payment coupons. \nAdmit, the company HomeLoanServ redeemed both coupons and still turned around and asked me to pay them or they will foreclose on my property instead of updating their accounts.\n\nAdmit, the company HomeLoanServ is to complete a \" Request for an accounting '' Admit the company HomeLoanServ is to complete a \" Request regarding a statement of account ''.\n\nAdmit, I has sent letters requesting they cease and desist and they ignore the letters and continue to harass me and I have all the scanned copies attached, along with the envelopes and postmarks.\n\nAdmit, the company, HomeLoanServ has yet to produce not one single shred of evidence that can be authenticated by a member of staff or the executive team, verified by Notary, and enforceable by the government or any court to prove that we have a financial relationship.\n\nAdmit, HomeLoanServ works by using intimidation and fear by filing frivolous foreclosure nonjudicial documentation with XXXX XXXX XXXX that does not verify the information. \nAdmit, the company had a member of their team, pose as a member of another company and had their own XXXX, XXXX XXXX, notarize the Assignment document, which is fraud. \nAdmit, the only thing that HomeLoanServ can provide are forged, unsigned, unauthorized, doctored, falsifying documentation, which serves more than anything else that they are a fraudulent company and conspiring with the other parties to drain my trust and to steal the property after writing bonds against the trust. \nAdmit, the company HomeLoanServ is not even registered to do business in Texas. \nAdmit, the company HomeLoanServ is not accredited according to the XXXX XXXX XXXX which means they have no business even attempting to engage in lawful commerce with the consumer protected by the Consumer Financial Protections Bureau, and now that the agency has been notified, it is the duty of the investigative staff and the Director, XXXX XXXX, to do an investigation into this company and ensure that the proper enforcement action is taken to protect consumers from them in the future. \nAdmit, the company HomeLoanServ, has an F rating with the XXXX XXXX XXXX\n\nAdmit, the company HomeLoanServ has literally sent I, numerous letters to intimidate me in the last 7 days, with different amounts due. \nAdmit, the company HomeLoanServhas no rights to the property and is threatening the property owner with foreclosure. \nAdmit, the Company, HomeLoanServ stole money from the XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX. \nAdmit, none of the numbers add up and the accounting is in two separate ledgers, one for HomeLoanServ and one for Idaho Housing and Finance Association. \nAdmit, the starting balance on the company HomeLoanServ accounting is not the same as the amount on the contract I signed according to their ledger. \nAdmit, the Statement of Account was sent certified mail, return receipt, notarized, addressed to HomeLoanServ Chief Executive Officer, XXXX XXXX XXXX XXXX, and the next week I received a threat of foreclosure. \nAdmit, if the consumer notifies the debt collector HomeLoanServ in writing within the 30-day period described in 209 CMR 18.20 ( 1 ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. \nAdmit, a debt collector shall provide to a consumer or any attorney for a consumer within five business days the following : ( a ) All papers or copies of papers and electronic records, in the possession of the debt collector which bear the signature of the consumer and which concern the debt being collected ; and ( b ) A ledger, account card, or similar record in the possession of a debt collector, whether paper or electronic, which reflects the date and amount of payments, credits, and charges concerning the debt.\n\nAdmit, the failure of a consumer to dispute the validity of a debt under 209 CMR 18.20 may not be construed by any court as an admission of liability by the consumer.\n\nI am ordering for an immediate investigation of the facts presented and for the company to confirm or deny each matter. After they respond and confirm, if they are found to be in fraud, I am ordering that the Consumer Financial Protections Bureau file handle the matter against the company, with the appropriate enforcement actions.","date_sent_to_company":"2023-05-24T03:44:54.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Mortgage debt","zip_code":"77373","tags":null,"has_narrative":true,"complaint_id":"7015403","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Idaho Housing And Finance Association","date_received":"2023-05-24T02:24:27.000Z","state":"TX","company_public_response":null,"sub_issue":"Seized or attempted to seize your property"},"highlight":{"complaint_what_happened":["NEGOTIABLE INSTRUMENT. ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' <em>means</em> an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is <em>payable</em> to <em>bearer</em> or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is <em>payable</em> on demand or at a definite time ; Admit, under protest, threat and duress, I sent the company a conditional acceptance"]},"sort":[9.038859,"7015403"]},{"_index":"complaint-public-v1","_id":"8101910","_score":8.966312,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX XXXX, have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, thanks UCC 1-308 without prejudice TN CHILD SUPPORT XXXX XXXX  v. XXXX, 520 U.S. 329 ( 1997 ) XXXX, DIRECTOR, ARIZONA DEPARTMENT OF ECONOMIC SECURITY v. XXXX  ET AL.\n\nCERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 95-1441. Argued January 6, 1997-Decided April 21, 1997 Respondents, five Arizona mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a 1983 action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349.\n\n( a ) A plaintiff seeking 1983 redress must assert the violation of a federal right, not merely of federal law. Golden State Transit Corp. v. Los Angeles, 493 U. S. 103, 106. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor-phous as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., Wilder v. Virginia Hospital Assn., 496 U. S. 498, 509. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under 1983. Dismissal is proper if Congress specifically foreclosed a 1983 remedy, Smith v. Robinson, 468 U. S. 992, 1005, n. 9, 1003, either expressly, by forbidding recourse to 1983 in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual 1983 enforcement, Livadas v. Bradshaw, 512 U. S. 107, 133. pp. 340-341.\n\n( b ) Respondents have not established that Title IV-D gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, e. g., Wright v. Roanoke Redevelopment and Housing Authority, 479 U. S. 418, 430. Here, respondents have not identified with particularity the rights they claim, and the Ninth Circuit has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with Title IV-D in all respects. The statutory \" substantial compliance '' requirement, see, e. g., 42 U. S. C. 609 ( a ) ( 8 ) ( 1994 ed., Supp. II ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.\n\n12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized.\n\nThe said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington , District of Columbia, or at any Federal Reserve bank.\n\nUCC 3-104. NEGOTIABLE INSTRUMENT.\n\nPrimary tabs ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor.\n\n( b ) \" Instrument '' means a negotiable instrument.\n\n( c ) An order that meets all of the requirements of subsection ( a ), except paragraph ( 1 ), and otherwise falls within the definition of \" check '' in subsection ( f ) is a negotiable instrument and a check.\n\n( d ) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.\n\n( e ) An instrument is a \" note '' if it is a promise and is a \" draft '' if it is an order. If an instrument falls within the definition of both \" note '' and \" draft, '' a person entitled to enforce the instrument may treat it as either.\n\n( f ) \" Check '' means ( i ) a draft, other than a documentary draft, payable on demand and drawn on a bank or ( ii ) a cashier 's check or teller 's check. An instrument may be a check even though it is described on its face by another term, such as \" money order. '' ( g ) \" Cashier 's check '' means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.\n\n( h ) \" Teller 's check '' means a draft drawn by a bank ( i ) on another bank, or ( ii ) payable at or through a bank.\n\n( i ) \" Traveler 's check '' means an instrument that ( i ) is payable on demand, ( ii ) is drawn on or payable at or through a bank, ( iii ) is designated by the term \" traveler 's check '' or by a substantially similar term, and ( iv ) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.\n\n( j ) \" Certificate of deposit '' means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.\n\nUCC 3-601.\n\nDischarge and effect of discharge.\n\n( a ) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.\n\n( b ) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.\n\nUCC 3-604.\n\nDischarge by cancellation or renunciation.\n\n( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing.\n\n( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement.\n\nUCC 3-603. TENDER OF PAYMENT.\n\n( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.\n\n( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.\n\n( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.\n\nUCC 3-602. PAYMENT.\n\n( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph.\n\n( c ) Subject to subsection ( e ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( d ) Subject to subsection ( e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.\n\n( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.\n\n( f ) As used in this section, \" signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record.\n\n( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.\n\n( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collector.\n\n15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.\n\n( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.\n\n( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ).\n\nIf ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.\n\n( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.\n\n( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.\n\n( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).\n\n( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period ( not exceeding 10 days ) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.\n\n( 2 ) For the purposes of this subsection, the term deceptive warranty means ( A ) a written warranty which ( i ) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or ( ii ) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or ( B ) a written warranty created by the use of such terms as guaranty or warranty, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.\n\n( d ) Civil action by consumer for damages, etc. ; jurisdiction ; recovery of costs and expenses ; cognizable claims ( 1 ) Subject to subsections ( a ) ( 3 ) and ( e ), a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief ( A ) in any court of competent jurisdiction in any State or the District of Columbia ; or ( B ) in an appropriate district court of the United States, subject to paragraph ( 3 ) of this subsection.\n\n( 2 ) If a consumer finally prevails in any action brought under paragraph ( 1 ) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses ( including attorneys fees based on actual time expended ) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys fees would be inappropriate.\n\n( 3 ) No claim shall be cognizable in a suit brought under paragraph ( 1 ) ( B ) of this subsection ( A ) if the amount in controversy of any individual claim is less than the sum or value of {$25.00} ; ( B ) if the amount in controversy is less than the sum or value of {$50000.00} ( exclusive of interests and costs ) computed on the basis of all claims to be determined in this suit ; or ( C ) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.\n\nI will like to receive monetary pay it say here for all the damages and stress from my time and free worries and overwhelming stress 15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.\n\n( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.\n\n( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ). If ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.\n\n( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.\n\n( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.\n\n( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).\n\n( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period ( not exceeding 10 days ) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.\n\n( 2 ) For the purposes of this subsection, the term deceptive warranty means ( A ) a written warranty which ( i ) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or ( ii ) fails to contain information which is necessary in light of all of the circumstances, to make","date_sent_to_company":"2024-01-04T01:22:20.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"8101910","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-01-04T01:22:14.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Primary tabs ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' <em>means</em> an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is <em>payable</em> to <em>bearer</em> or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is <em>payable</em> on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or"]},"sort":[8.966312,"8101910"]},{"_index":"complaint-public-v1","_id":"8097310","_score":8.966312,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX XXXX, have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, thanks UCC 1-308 withouXXXX prejudice TN CHILD SUPPORT XXXX Blessing v. Freestone, 520 U.S. 329 ( 1997 ) BLESSING, DIRECTOR, ARIZONA DEPARTMENT OF ECONOMIC SECURITY v. FREESTONE ET AL.\n\nCERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 95-1441. Argued January 6, 1997-Decided April 21, 1997 Respondents, five Arizona mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX983 action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349.\n\n( a ) A plaintiff seeking 1983 redress must assert the violation of a federal right, not merely of federal law. Golden State Transit Corp. v. Los Angeles, 493 U. S. 103, 106. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor-phous as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., Wilder v. Virginia Hospital Assn., 496 U. S. 498, 509. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under 1983. Dismissal is proper if Congress specifically foreclosed a 1983 remedy, Smith v. Robinson, 468 U. S. 992, 1005, n. 9, 1003, either expressly, by forbidding recourse to 1983 in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual 1983 enforcement, Livadas v. Bradshaw, 512 U. S. 107, 133. pp. 340-341.\n\n( b ) Respondents have not established that Title IV-D gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, e. g., Wright v. Roanoke Redevelopment and Housing Authority, 479 U. S. 418, 430. Here, respondents have not identified with particularity the rights they claim, and the Ninth Circuit has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with Title IV-D in all respects. The statutory \" substantial compliance '' requirement, see, e. g., 42 U. S. C. 609 ( a ) ( 8 ) ( 1994 ed., Supp. II ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.\n\n12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized.\n\nThe said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington XXXX District of Columbia, or at any Federal Reserve bank. \n\nUCC 3-104. NEGOTIABLE INSTRUMENT.\n\nPrimary tabs ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor.\n\n( b ) \" Instrument '' means a negotiable instrument.\n\n( c ) An order that meets all of the requirements of subsection ( a ), except paragraph ( 1 ), and otherwise falls within the definition of \" check '' in subsection ( f ) is a negotiable instrument and a check.\n\n( d ) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.\n\n( e ) An instrument is a \" note '' if it is a promise and is a \" draft '' if it is an order. If an instrument falls within the definition of both \" note '' and \" draft, '' a person entitled to enforce the instrument may treat it as either.\n\n( f ) \" Check '' means ( i ) a draft, other than a documentary draft, payable on demand and drawn on a bank or ( ii ) a cashier 's check or teller 's check. An instrument may be a check even though it is described on its face by another term, such as \" money order. '' ( g ) \" Cashier 's check '' means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.\n\n( h ) \" Teller 's check '' means a draft drawn by a bank ( i ) on another bank, or ( ii ) payable at or through a bank.\n\n( i ) \" Traveler 's check '' means an instrument that ( i ) is payable on demand, ( ii ) is drawn on or payable at or through a bank, ( iii ) is designated by the term \" traveler 's check '' or by a substantially similar term, and ( iv ) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.\n\n( j ) \" Certificate of deposit '' means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.\n\nUCC 3-601.\n\nDischarge and effect of discharge.\n\n( a ) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.\n\n( b ) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.\n\nUCC 3-604.\n\nDischarge by cancellation or renunciation.\n\n( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing.\n\n( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement.\n\nUCC 3-603. TENDER OF PAYMENT.\n\n( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.\n\n( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.\n\n( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.\n\nUCC 3-602. PAYMENT.\n\n( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph.\n\n( c ) Subject to subsection ( e ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( d ) Subject to subsection ( e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.\n\n( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.\n\n( f ) As used in this section, \" signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record.\n\n( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.\n\n( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collector.\n\n15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.\n\n( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.\n\n( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ).\n\nIf ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.\n\n( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.\n\n( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.\n\n( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).\n\n( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period ( not exceeding 10 days ) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.\n\n( 2 ) For the purposes of this subsection, the term deceptive warranty means ( A ) a written warranty which ( i ) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or ( ii ) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or ( B ) a written warranty created by the use of such terms as guaranty or warranty, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.\n\n( d ) Civil action by consumer for damages, etc. ; jurisdiction ; recovery of costs and expenses ; cognizable claims ( 1 ) Subject to subsections ( a ) ( 3 ) and ( e ), a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief ( A ) in any court of competent jurisdiction in any State or the District of Columbia ; or ( B ) in an appropriate district court of the United States, subject to paragraph ( 3 ) of this subsection.\n\n( 2 ) If a consumer finally prevails in any action brought under paragraph ( 1 ) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses ( including attorneys fees based on actual time expended ) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys fees would be inappropriate.\n\n( 3 ) No claim shall be cognizable in a suit brought under paragraph ( 1 ) ( B ) of this subsection ( A ) if the amount in controversy of any individual claim is less than the sum or value of {$25.00} ; ( B ) if the amount in controversy is less than the sum or value of {$50000.00} ( exclusive of interests and costs ) computed on the basis of all claims to be determined in this suit ; or ( C ) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.\n\nI will like to receive monetary pay it say here for all the damages and stress from my time and free worries and overwhelming stress 15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.\n\n( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.\n\n( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ). If ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.\n\n( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.\n\n( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.\n\n( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).\n\n( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period ( not exceeding 10 days ) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.\n\n( 2 ) For the purposes of this subsection, the term deceptive warranty means ( A ) a written warranty which ( i ) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or ( ii ) fails to contain information which is necessary in light of all of the circumstances, to make","date_sent_to_company":"2024-01-04T01:22:08.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"8097310","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-01-04T00:57:26.000Z","state":"NE","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Primary tabs ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' <em>means</em> an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is <em>payable</em> to <em>bearer</em> or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is <em>payable</em> on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or"]},"sort":[8.966312,"8097310"]},{"_index":"complaint-public-v1","_id":"8101909","_score":8.953207,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX XXXX, have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, thanks UCC 1-308 without prejudice TN CHILD SUPPORT XXXX XXXX XXXX XXXX XXXX20 U.S. 329 ( XX/XX/1997) XXXX, DIRECTOR, ARIZONA DEPARTMENT OF ECONOMIC SECURITY v. FREESTONE ET AL.\n\nCERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 95-1441. Argued January 6, 1997-Decided April 21, XX/XX/1997 Respondents, five Arizona mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. XX/XX/1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XX/XX/1983 action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349.\n\n( a ) A plaintiff seeking 1983 redress must assert the violation of a federal right, not merely of federal law. Golden State Transit Corp. v. Los Angeles, 493 U. S. 103, 106. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor-phous as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. gXXXX XXXX XXXX XXXX XXXX XXXX, 496 U. S. 498, 509. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under 1983. Dismissal is proper if Congress specifically foreclosed a 1983 remedy, XXXX XXXX XXXX, 468 U. S. 992, 1005, n. 9, 1003, either expressly, by forbidding recourse to 1983 in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual 1983 enforcement, XXXX XXXX XXXX, 512 U. S. 107, 133. pp. 340-341.\n\n( b ) Respondents have not established that Title IV-D gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, e. g., Wright v. Roanoke Redevelopment and Housing Authority, 479 U. S. 418, 430. Here, respondents have not identified with particularity the rights they claim, and the Ninth Circuit has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with Title IV-D in all respects. The statutory \" substantial compliance '' requirement, see, e. g., 42 U. S. C. 609 ( a ) ( 8 ) ( 1994 ed., Supp. II ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code XX/XX/1983- Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.\n\n12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized.\n\nThe said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington , District of Columbia, or at any Federal Reserve bank.\n\nUCC 3-104. NEGOTIABLE INSTRUMENT.\n\nPrimary tabs ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor.\n\n( b ) \" Instrument '' means a negotiable instrument.\n\n( c ) An order that meets all of the requirements of subsection ( a ), except paragraph ( 1 ), and otherwise falls within the definition of \" check '' in subsection ( f ) is a negotiable instrument and a check.\n\n( d ) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.\n\n( e ) An instrument is a \" note '' if it is a promise and is a \" draft '' if it is an order. If an instrument falls within the definition of both \" note '' and \" draft, '' a person entitled to enforce the instrument may treat it as either.\n\n( f ) \" Check '' means ( i ) a draft, other than a documentary draft, payable on demand and drawn on a bank or ( ii ) a cashier 's check or teller 's check. An instrument may be a check even though it is described on its face by another term, such as \" money order. '' ( g ) \" Cashier 's check '' means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.\n\n( h ) \" Teller 's check '' means a draft drawn by a bank ( i ) on another bank, or ( ii ) payable at or through a bank.\n\n( i ) \" Traveler 's check '' means an instrument that ( i ) is payable on demand, ( ii ) is drawn on or payable at or through a bank, ( iii ) is designated by the term \" traveler 's check '' or by a substantially similar term, and ( iv ) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.\n\n( j ) \" Certificate of deposit '' means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.\n\nUCC 3-601.\n\nDischarge and effect of discharge.\n\n( a ) The obligation of a party to pay the instrument is discharged as stated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.\n\n( b ) Discharge of the obligation of a party is not effective against a person acquiring rights of a holder in due course of the instrument without notice of the discharge.\n\nUCC 3-604.\n\nDischarge by cancellation or renunciation.\n\n( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing.\n\n( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement.\n\nUCC 3-603. TENDER OF PAYMENT.\n\n( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.\n\n( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.\n\n( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.\n\nUCC 3-602. PAYMENT.\n\n( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph.\n\n( c ) Subject to subsection ( e ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( d ) Subject to subsection ( e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.\n\n( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.\n\n( f ) As used in this section, \" signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record.\n\n( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.\n\n( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collector.\n\n15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.\n\n( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.\n\n( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ).\n\nIf ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.\n\n( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.\n\n( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.\n\n( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).\n\n( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period ( not exceeding 10 days ) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.\n\n( 2 ) For the purposes of this subsection, the term deceptive warranty means ( A ) a written warranty which ( i ) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or ( ii ) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or ( B ) a written warranty created by the use of such terms as guaranty or warranty, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.\n\n( d ) Civil action by consumer for damages, etc. ; jurisdiction ; recovery of costs and expenses ; cognizable claims ( 1 ) Subject to subsections ( a ) ( 3 ) and ( e ), a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief ( A ) in any court of competent jurisdiction in any State or the District of Columbia ; or ( B ) in an appropriate district court of the United States, subject to paragraph ( 3 ) of this subsection.\n\n( 2 ) If a consumer finally prevails in any action brought under paragraph ( 1 ) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses ( including attorneys fees based on actual time expended ) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys fees would be inappropriate.\n\n( 3 ) No claim shall be cognizable in a suit brought under paragraph ( 1 ) ( B ) of this subsection ( A ) if the amount in controversy of any individual claim is less than the sum or value of {$25.00} ; ( B ) if the amount in controversy is less than the sum or value of {$50000.00} ( exclusive of interests and costs ) computed on the basis of all claims to be determined in this suit ; or ( C ) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.\n\nI will like to receive monetary pay it say here for all the damages and stress from my time and free worries and overwhelming stress 15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.\n\n( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.\n\n( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ). If ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.\n\n( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.\n\n( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.\n\n( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).\n\n( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period ( not exceeding 10 days ) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.\n\n( 2 ) For the purposes of this subsection, the term deceptive warranty means ( A ) a written warranty which ( i ) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or ( ii ) fails to contain information which is necessary in light of all of the circumstances, to make","date_sent_to_company":"2024-01-04T01:22:20.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"8101909","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-01-04T01:22:14.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Primary tabs ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' <em>means</em> an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is <em>payable</em> to <em>bearer</em> or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is <em>payable</em> on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or"]},"sort":[8.953207,"8101909"]},{"_index":"complaint-public-v1","_id":"8466099","_score":8.641131,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX XXXX, have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, I do not have a contract with these companies please remove all accounts from my credit report XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX ( XXXX ). I HAVE NOTICE THESE NAMES AND ADDRESSES DO NOT BELONG TO ME CAN YOU PLEASE UPDATE MY INFORMATION ON ALL MY CREDIT REPORT PROFILES. XXXX XXXX XXXX is my correct name please update on XXXX And experience XXXX XXXX XXXX is not me. \nThis address is inaccurate XXXX XXXX XXXX XXXX XXXX XXXX is inaccurate please remove from my profile i Noticed this account was not removed and this is a debt collector who purchase my information illegally, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. \n\nthanks UCC 1-308 without prejudice Blessing v. Freestone, 520 U.S. 329 ( 1997 ) BLESSING, DIRECTOR, ARIZONA DEPARTMENT OF ECONOMIC SECURITY v. FREESTONE ET AL.\n\nCERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 95-1441. Argued January 6, 1997-Decided April 21, 1997 Respondents, five Arizona mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a 1983 action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349.\n\n( a ) A plaintiff seeking 1983 redress must assert the violation of a federal right, not merely of federal law. Golden State Transit Corp. v. Los Angeles, 493 U. S. 103, 106. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor-phous as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., Wilder v. Virginia Hospital Assn., 496 U. S. 498, 509. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under 1983. Dismissal is proper if Congress specifically foreclosed a 1983 remedy, Smith v. Robinson, 468 U. S. 992, 1005, n. 9, 1003, either expressly, by forbidding recourse to 1983 in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual 1983 enforcement, Livadas v. Bradshaw, 512 U. S. 107, 133. pp. 340-341.\n\n( b ) Respondents have not established that Title IV-D gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, e. g., Wright v. Roanoke Redevelopment and Housing Authority, 479 U. S. 418, 430. Here, respondents have not identified with particularity the rights they claim, and the Ninth Circuit has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with Title IV-D in all respects. The statutory \" substantial compliance '' requirement, see, e. g., 42 U. S. C. 609 ( a ) ( 8 ) ( 1994 ed., Supp. II ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judi\n\ncial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation\n; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized.\n\nThe said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington , District of Columbia, or at any Federal Reserve bank.\n\nUCC 3-104. NEGOTIABLE INSTRUMENT.\n\nPrimary tabs ( a ) Except as provided in subsections ( c ) and ( d ), \" negotiable instrument '' means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it : ( 1 ) is payable to bearer or to order at the time it is issued or first comes into possession of a holder ; ( 2 ) is payable on demand or at a definite time; and ( 3 ) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain ( i ) an undertaking or power to give, maintain, or protect collateral to secure payment, ( ii ) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or ( iii ) a waiver of the benefit of any law intended for the advantage or protection of an obligor.\n\n( b ) \" Instrument '' means a negotiable instrument.\n\n( c ) An order that meets all of the requirements of subsection ( a ), except paragraph ( 1 ), and otherwise falls within the definition of \" check '' in subsection ( f ) is a negotiable instrument and a check.\n\n( d ) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.\n\n( e ) An instrument is a \" note '' if it is a promise and is a \" draft '' if it is an order. If an instrument falls within the definition of both \" note '' and \" draft, '' a person entitled to enforce the instrumen\n\nt may treat it as either. ( f ) \" Check '' means ( i ) a draft, other than a documentary draft, payable on demand and drawn on a bank or ( ii ) a cashier 's check or teller 's check. An instrument may be a check eve\nn though it is described on its face by another term, such as \" money order. '' ( g ) \" Cashier 's check '' means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.\n\n( h ) \" Teller 's check '' means a draft drawn by a bank ( i ) on another bank, or ( ii ) payable at or through a bank.\n\n( i ) \" Traveler 's check '' means an instrument that ( i ) is payable on demand, ( ii ) is drawn on or payable at or through a bank, ( iii ) is designated by the term \" traveler 's check '' or by a substantially similar term, and ( iv ) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.\n\n( j ) \"\n\nCertificate of deposit '' means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank. UCC 3-601. Discharge and effect of discharge. ( a ) The obligation of a party to pay the instrument is discharged as\nstated in this article or by an act or agreement with the party which would discharge an obligation to pay money under a simple contract.\n\n( b ) Discharge of the obligation of a party is not effective against a person acquiring\n\nrights of a holder in due course of the instrument without notice of the discharge. UCC 3-604. Discharge by cancellation or renunciation. ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional\nvoluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing.\n\n( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement.\n\nUCC 3-603. TENDER OF PAYMENT.\n\n( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.\n\n( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.\n\n( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.\n\nUCC 3-602. PAYMENT.\n\n( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph.\n\n( c ) Subject to subsection ( e ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person.\n\n( d ) Subject to subsection ( e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer.\n\n( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.\n\n( f ) As used in this section, \" signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record.\n\n( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.\n\n( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collector.\n\n15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.\n\n( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.\n\n( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ).\n\nIf ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.\n\n( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.\n\n( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.\n\n( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).\n\n( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order or preliminary injunction may be granted without bond. In the case of an action brought by the Commission, if a complaint under section 45 of this title is not filed within such period ( not exceeding 10 days ) as may be specified by the court after the issuance of the temporary restraining order or preliminary injunction, the order or injunction shall be dissolved by the court and be of no further force and effect. Any suit shall be brought in the district in which such person resides or transacts business. Whenever it appears to the court that the ends of justice require that other persons should be parties in the action, the court may cause them to be summoned whether or not they reside in the district in which the court is held, and to that end process may be served in any district.\n\n( 2 ) For the purposes of this subsection, the term deceptive warranty means ( A ) a written warranty which ( i ) contains an affirmation, promise, description, or representation which is either false or fraudulent, or which, in light of all of the circumstances, would mislead a reasonable individual exercising due care; or ( ii ) fails to contain information which is necessary in light of all of the circumstances, to make the warranty not misleading to a reasonable individual exercising due care; or ( B ) a written warranty created by the use of such terms as guaranty or warranty, if the terms and conditions of such warranty so limit its scope and application as to deceive a reasonable individual.\n\n( d ) Civil action by consumer for damages, etc. ; jurisdiction ; recovery of costs and expenses ; cognizable claims ( 1 ) Subject to subsections ( a ) ( 3 ) and ( e ), a consumer who is damaged by the failure of a supplier, warrantor, or service contractor to comply with any obligation under this chapter, or under a written warranty, implied warranty, or service contract, may bring suit for damages and other legal and equitable relief ( A ) in any court of competent jurisdiction in any State or the District of Columbia ; or ( B ) in an appropriate district court of the United States, subject to paragraph ( 3 ) of this subsection.\n\n( 2 ) If a consumer finally prevails in any action brought under paragraph ( 1 ) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggregate amount of cost and expenses ( including attorneys fees based on actual time expended ) determined by the court to have been reasonably incurred by the plaintiff for or in connection with the commencement and prosecution of such action, unless the court in its discretion shall determine that such an award of attorneys fees would be inappropriate.\n\n( 3 ) No claim shall be cognizable in a suit brought under paragraph ( 1 ) ( B ) of this subsection ( A ) if the amount in controversy of any individual claim is less than the sum or value of {$25.00} ; ( B ) if the amount in controversy is less than the sum or value of {$50000.00} ( exclusive of interests and costs ) computed on the basis of all claims to be determined in this suit ; or ( C ) if the action is brought as a class action, and the number of named plaintiffs is less than one hundred.\n\nI will like to receive monetary pay it say here for all the damages and stress from my time and free worries and overwhelming stress 15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms.\n\n( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities.\n\n( 3 ) One or more warrantors may establish an informal dispute settlement procedure which meets the requirements of the Commissions rules under paragraph ( 2 ). If ( A ) a warrantor establishes such a procedure, ( B ) such procedure, and its implementation, meets the requirements of such rules, and ( C ) he incorporates in a written warranty a requirement that the consumer resort to such procedure before pursuing any legal remedy under this section respecting such warranty, then ( i ) the consumer may not commence a civil action ( other than a class action ) under subsection ( d ) of this section unless he initially resorts to such procedure ; and ( ii ) a class of consumers may not proceed in a class action under subsection ( d ) except to the extent the court determines necessary to establish the representative capacity of the named plaintiffs, unless the named plaintiffs ( upon notifying the defendant that they are named plaintiffs in a class action with respect to a warranty obligation ) initially resort to such procedure. In the case of such a class action which is brought in a district court of the United States, the representative capacity of the named plaintiffs shall be established in the application of rule 23 of the Federal Rules of Civil Procedure. In any civil action arising out of a warranty obligation and relating to a matter considered in such a procedure, any decision in such procedure shall be admissible in evidence.\n\n( 4 ) The Commission on its own initiative may, or upon written complaint filed by any interested person shall, review the bona fide operation of any dispute settlement procedure resort to which is stated in a written warranty to be a prerequisite to pursuing a legal remedy under this section. If the Commission finds that such procedure or its implementation fails to comply with the requirements of the rules under paragraph ( 2 ), the Commission may take appropriate remedial action under any authority it may have under this chapter or any other provision of law.\n\n( 5 ) Until rules under paragraph ( 2 ) take effect, this subsection shall not affect the validity of any informal dispute settlement procedure respecting consumer warranties, but in any action under subsection ( d ), the court may invalidate any such procedure if it finds that such procedure is unfair.\n\n( b ) Prohibited acts It shall be a violation of section 45 ( a ) ( 1 ) of this title for any person to fail to comply with any requirement imposed on such person by this chapter ( or a rule thereunder ) or to violate any prohibition contained in this chapter ( or a rule thereunder ).\n\n( c ) Injunction proceedings by Attorney General or Commission for deceptive warranty, noncompliance with requirements, or violating prohibitions ; procedures ; definitions ( 1 ) The district courts of the United States shall have jurisdiction of any action brought by the Attorney General ( in his capacity as such ), or by the Commission by any of its attorneys designated by it for such purpose, to restrain ( A ) any warrantor from making a deceptive warranty with respect to a consumer product, or ( B ) any person from failing to comply with any requirement imposed on such person by or pursuant to this chapter or from violating any prohibition contained in this chapter. Upon proper showing that, weighing the equities and considering the Commissions or Attorney Generals likelihood of ultimate success, such action would be in the public interest and after notice to the defendant, a temporary restraining order","date_sent_to_company":"2024-03-04T03:47:27.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"8466099","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-03-04T03:47:23.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["An instrument may be a check eve\nn though it is described on its face by another term, such as \" money order. '' ( g ) \" Cashier 's check '' <em>means</em> a draft with respect to <em>which</em> the drawer and drawee are the same bank or branches of the same bank.\n\n( h ) \" Teller 's check '' <em>means</em> a draft drawn by a bank ( i ) on another bank, or ( ii ) <em>payable</em> at or through a bank."]},"sort":[8.641131,"8466099"]},{"_index":"complaint-public-v1","_id":"7073501","_score":8.632797,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"XXXX XXXX Main Office : XXXX XXXX XXXX, XXXX, GA XXXX XXXX XXXX : XXXX XXXX  XXXX, XXXX, GA XXXX XXXX XXXX : XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, GA XXXX ( XXXX ) XXXX RE : XXXX XXXX  ( XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX  ) XXXX XXXX Account : XXXX XXXX ACCOUNT : XXXX XXXX XXXX XXXXXXXX XXXX XXXX CASE XXXX PLEASE SEND THE COMPLAINT TO THE ABOVE XXXX  XXXX Dear Friend : In XX/XX/2022 I purchased a new HVAC home system for and all in finance cost of {$8.00}. I was informed by the XXXX  sales person that the equipment was being financed without interest. \n\nI was under the assumption that XXXX  would service and managed the relationship. \n\nUpon receiving my first billing invoice I was surprised that all customer service phone numbers and efforts to contact were Wells Fargo Bank retaIl credit servicing. IN FACT, IT WAS THE CREDIT CARD GROUP. \nI WAS NOT INFORMED THAT I WAS APPLYING FOR A WELLS FARGO LOAN OR CREDIT CARD. \n\nWells Fargo involvement was not disclosed previously I would not have finance a purchase with Wells Fargo due my previous experience of horrible service and consumer abuse. In addition, XXXX XXXX has a well documented history of customer fraud with XXXX XXXX  and other historically disadvantaged groups. \n\nI paid my first monthly payment with my XXXX XXXX XXXX in XXXX. When billed. In XXXX was surprised that the invoice classified my account as past due. \n\nUpon contacting Wells Fargo, because I could not find XXXX contact information, I discovered that my account had been classified as past due because Wells Fargo does the accept payments from XXXX XXXX. \n\nWhen. I made the XXXX payment, the XXXX XXXX card was not rejected nor was there a disclosure warning against bank card acceptance. \n\nThe remedies following : The removal of all late fees from my account. \nDisclosure of the effective interest rate embedded and principal balance. \nRestitution for failure to disclose Wells Fargo as the servicer and lender. \nLoan transfer solutions LEGAL CONSIDERATIONS : Wells Fargo Federal and XXXX XXXX XXXX violations STATE OF GEORGIA Every consumer loan transaction shall be pursuant to a written loan contract which may include a loan voucher, itemized statement of loan and charges, and disclosure statement. The loan contract shall be signed by the consumer and delivered to the consumer at the time it is executed by him or her. The loan contract shall be contained in a single document which may contain more than one page. \n\nSincerely, XXXX XXXX, CFA WELL FARGO WAS NOT DISCLOSED AS THE LENDER THE PRINCIPAL AND INTEREST RATE WAS NOT DISCLOSED WELLS FARGO FEDERAL VIOLATIONS 1026.18 Content of disclosures. \nFor each transaction other than a mortgage transaction subject to 1026.19 ( e ) and ( f ), the creditor shall disclose the following information as applicable : ( a ) Creditor. The identity of the creditor making the disclosures. \n( b ) Amount financed. The amount financed, using that term, and a brief description such as the amount of credit provided to you or on your behalf. The amount financed is calculated by : ( 1 ) Determining the principal loan amount or the cash price ( subtracting any downpayment ) ; ( 2 ) Adding any other amounts that are financed by the creditor and are not part of the finance charge ; and ( 3 ) Subtracting any prepaid finance charge. \n( c ) Itemization of amount financed. \n( 1 ) Except as provided in paragraphs ( c ) ( 2 ) and ( c ) ( 3 ) of this section, a separate written itemization of the amount financed, including : ( i ) The amount of any proceeds distributed directly to the consumer. \n( ii ) The amount credited to the consumer 's account with the creditor. \n( iii ) Any amounts paid to other persons by the creditor on the consumer 's behalf. The creditor shall identify those persons. The following payees may be described using generic or other general terms and need not be further identified : public officials or government agencies, credit reporting agencies, appraisers, and insurance companies. \n( iv ) The prepaid finance charge. \n( 2 ) The creditor need not comply with paragraph ( c ) ( 1 ) of this section if the creditor provides a statement that the consumer has the right to receive a written itemization of the amount financed, together with a space for the consumer to indicate whether it is desired, and the consumer does not request it. \n( 3 ) Good faith estimates of settlement costs provided for transactions subject to the Real Estate Settlement Procedures Act ( 12 U.S.C. 2601 et seq. ) may be substituted for the disclosures required by paragraph ( c ) ( 1 ) of this section.\n\n( d ) Finance charge. The finance charge, using that term, and a brief description such as the dollar amount the credit will cost you. \n( 1 ) Mortgage loans. In a transaction secured by real property or a dwelling, the disclosed finance charge and other disclosures affected by the disclosed finance charge ( including the amount financed and the annual percentage rate ) shall be treated as accurate if the amount disclosed as the finance charge : ( i ) Is understated by no more than {$100.00} ; or ( ii ) Is greater than the amount required to be disclosed. \n( 2 ) Other credit. In any other transaction, the amount disclosed as the finance charge shall be treated as accurate if, in a transaction involving an amount financed of {$1000.00} or less, it is not more than {$5.00} above or below the amount required to be disclosed ; or, in a transaction involving an amount financed of more than {$1000.00}, it is not more than {$10.00} above or below the amount required to be disclosed. \n( e ) Annual percentage rate. The annual percentage rate, using that term, and a brief description such as the cost of your credit as a yearly rate. For any transaction involving a finance charge of {$5.00} or less on an amount financed of {$75.00} or less, or a finance charge of {$7.00} or less on an amount financed of more than {$75.00}, the creditor need not disclose the annual percentage rate. \n( f ) Variable rate. \n( 1 ) Except as provided in paragraph ( f ) ( 3 ) of this section, if the annual percentage rate may increase after consummation in a transaction not secured by the consumer 's principal dwelling or in a transaction secured by the consumer 's principal dwelling with a term of one year or less, the following disclosures : ( i ) The circumstances under which the rate may increase.\n\n( ii ) Any limitations on the increase. \n( iii ) The effect of an increase. \n( iv ) An example of the payment terms that would result from an increase. \n( 2 ) If the annual percentage rate may increase after consummation in a transaction secured by the consumer 's principal dwelling with a term greater than one year, the following disclosures : ( i ) The fact that the transaction contains a variable-rate feature. \n( ii ) A statement that variable-rate disclosures have been provided earlier. \n( XXXX ) Information provided in accordance with 1026.18 ( f ) ( 2 ) and 1026.19 ( b ) may be substituted for the disclosures required by paragraph ( f ) ( 1 ) of this section. \n( g ) Payment schedule. Other than for a transaction that is subject to paragraph ( s ) of this section, the number, amounts, and timing of payments scheduled to repay the obligation.\n\n( 1 ) In a demand obligation with no alternate maturity date, the creditor may comply with this paragraph by disclosing the due dates or payment periods of any scheduled interest payments for the first year. \n( 2 ) In a transaction in which a series of payments varies because a finance charge is applied to the unpaid principal balance, the creditor may comply with this paragraph by disclosing the following information : ( i ) The dollar amounts of the largest and smallest payments in the series.\n\n( ii ) A reference to the variations in the other payments in the series.\n\n( h ) Total of payments. The total of payments, using that term, and a descriptive explanation such as the amount you will have paid when you have made all scheduled payments. In any transaction involving a single payment, the creditor need not disclose the total of payments.\n\n( i ) Demand feature. If the obligation has a demand feature, that fact shall be disclosed. When the disclosures are based on an assumed maturity of 1 year as provided in 1026.17 ( c ) ( 5 ), that fact shall also be disclosed. \n( j ) Total sale price. In a credit sale, the total sale price, using that term, and a descriptive explanation ( including the amount of any downpayment ) such as the total price of your purchase on credit, including your downpayment of $ __. The total sale price is the sum of the cash price, the items described in paragraph ( b ) ( 2 ), and the finance charge disclosed under paragraph ( d ) of this section.\n\n( k ) Prepayment.\n\n( 1 ) When an obligation includes a finance charge computed from time to time by application of a rate to the unpaid principal balance, a statement indicating whether or not a charge may be imposed for paying all or part of a loan 's principal balance before the date on which the principal is due.\n\n( 2 ) When an obligation includes a finance charge other than the finance charge described in paragraph ( k ) ( 1 ) of this section, a statement indicating whether or not the consumer is entitled to a rebate of any finance charge if the obligation is prepaid in full or in part.\n\n( l ) Late payment. Any dollar or percentage charge that may be imposed before maturity due to a late payment, other than a deferral or extension charge.\n\n( m ) Security interest. The fact that the creditor has or will acquire a security interest in the property purchased as part of the transaction, or in other property identified by item or type.\n\n( n ) Insurance and debt cancellation. The items required by 1026.4 ( d ) in order to exclude certain insurance premiums and debt cancellation fees from the finance charge.\n\n( o ) Certain security interest charges. The disclosures required by 1026.4 ( e ) in order to exclude from the finance charge certain fees prescribed by law or certain premiums for insurance in lieu of perfecting a security interest.\n\n( p ) Contract reference. A statement that the consumer should refer to the appropriate contract document for information about nonpayment, default, the right to accelerate the maturity of the obligation, and prepayment rebates and penalties. At the creditor 's option, the statement may also include a reference to the contract for further information about security interests and, in a residential mortgage transaction, about the creditor 's policy regarding assumption of the obligation.\n\n( q ) Assumption policy. In a residential mortgage transaction, a statement whether or not a subsequent purchaser of the dwelling from the consumer may be permitted to assume the remaining obligation on its original terms.\n\n( r ) Required deposit. If the creditor requires the consumer to maintain a deposit as a condition of the specific transaction, a statement that the annual percentage rate does not reflect the effect of the required deposit. A required deposit need not include, for example : ( 1 ) An escrow account for items such as taxes, insurance or repairs ; ( 2 ) A deposit that earns not less than 5 percent per year; or ( 3 ) Payments under a Morris Plan.\n\n( s ) Interest rate and payment summary for mortgage transactions. For a closed-end transaction secured by real property or a dwelling, other than a transaction that is subject to 1026.19 ( e ) and ( f ), the creditor shall disclose the following information about the interest rate and payments : ( 1 ) Form of disclosures. The information in paragraphs ( s ) ( 2 ) - ( 4 ) of this section shall be in the form of a table, with no more than five columns, with headings and format substantially similar to Model Clause H-4 ( E ), H-4 ( F ), H-4 ( G ), or H-4 ( H ) in appendix H to this part. The table shall contain only the information required in paragraphs ( s ) ( 2 ) - ( 4 ) of this section, shall be placed in a prominent location, and shall be in a minimum 10-point font.\n\n( 2 ) Interest rates ( i ) Amortizing loans.\n\n( A ) For a fixed-rate mortgage, the interest rate at consummation.\n\n( B ) For an adjustable-rate or step-rate mortgage : ( 1 ) The interest rate at consummation and the period of time until the first interest rate adjustment may occur, labeled as the introductory rate and monthly payment ; ( 2 ) The maximum interest rate that may apply during the first five years after the date on which the first regular periodic payment will be due and the earliest date on which that rate may apply, labeled as maximum during first five years ; and ( 3 ) The maximum interest rate that may apply during the life of the loan and the earliest date on which that rate may apply, labeled as maximum ever.\n\n( C ) If the loan provides for payment increases as described in paragraph ( s ) ( 3 ) ( i ) ( B ) of this section, the interest rate in effect at the time the first such payment increase is scheduled to occur and the date on which the increase will occur, labeled as first adjustment if the loan is an adjustable-rate mortgage or, otherwise, labeled as first increase.\n\n( ii ) Negative amortization loans. For a negative amortization loan : ( A ) The interest rate at consummation and, if it will adjust after consummation, the length of time until it will adjust, and the label introductory or intro ; ( B ) The maximum interest rate that could apply when the consumer must begin making fully amortizing payments under the terms of the legal obligation ; ( C ) If the minimum required payment will increase before the consumer must begin making fully amortizing payments, the maximum interest rate that could apply at the time of the first payment increase and the date the increase is scheduled to occur ; and ( D ) If a second increase in the minimum required payment may occur before the consumer must begin making fully amortizing payments, the maximum interest rate that could apply at the time of the second payment increase and the date the increase is scheduled to occur.\n\n( iii ) Introductory rate disclosure for amortizing adjustable-rate mortgages. For an amortizing adjustable-rate mortgage, if the interest rate at consummation is less than the fully-indexed rate, placed in a box directly beneath the table required by paragraph ( s ) ( 1 ) of this section, in a format substantially similar to Model Clause H-4 ( I ) in appendix H to this part : ( A ) The interest rate that applies at consummation and the period of time for which it applies ; ( B ) A statement that, even if market rates do not change, the interest rate will increase at the first adjustment and a designation of the place in sequence of the month or year, as applicable, of such rate adjustment ; and ( C ) The fully-indexed rate.\n\n( 3 ) Payments for amortizing loans ( i ) Principal and interest payments. If all periodic payments will be applied to accrued interest and principal, for each interest rate disclosed under paragraph ( s ) ( 2 ) ( i ) of this section : ( A ) The corresponding periodic principal and interest payment, labeled as principal and interest ; ( B ) If the periodic payment may increase without regard to an interest rate adjustment, the payment that corresponds to the first such increase and the earliest date on which the increase could occur ; ( C ) If an escrow account will be established, an estimate of the amount of taxes and insurance, including any mortgage insurance or any functional equivalent, payable with each periodic payment ; and ( D ) The sum of the amounts disclosed under paragraphs ( s ) ( 3 ) ( i ) ( A ) and ( C ) of this section or ( s ) ( 3 ) ( i ) ( B ) and ( C ) of this section, as applicable, labeled as total estimated monthly payment.\n\n( ii ) Interest-only payments. If the loan is an interest-only loan, for each interest rate disclosed under paragraph ( s ) ( 2 ) ( i ) of this section, the corresponding periodic payment and : ( A ) If the payment will be applied to only accrued interest, the amount applied to interest, labeled as interest payment, and a statement that none of the payment is being applied to principal ; ( B ) If the payment will be applied to accrued interest and principal, an itemization of the amount of the first such payment applied to accrued interest and to principal, labeled as interest payment and principal payment, respectively ; ( C ) The escrow information described in paragraph ( s ) ( 3 ) ( i ) ( C ) of this section ; and ( D ) The sum of all amounts required to be disclosed under paragraphs ( s ) ( 3 ) ( ii ) ( A ) and ( C ) of this section or ( s ) ( 3 ) ( ii ) ( B ) and ( C ) of this section, as applicable, labeled as total estimated monthly payment.\n\n( 4 ) Payments for negative amortization loans. For negative amortization loans : ( i ) ( A ) The minimum periodic payment required until the first payment increase or interest rate increase, corresponding to the interest rate disclosed under paragraph ( s ) ( 2 ) ( ii ) ( A ) of this section ; ( B ) The minimum periodic payment that would be due at the first payment increase and the second, if any, corresponding to the interest rates described in paragraphs ( s ) ( 2 ) ( ii ) ( C ) and ( D ) of this section ; and ( C ) A statement that the minimum payment pays only some interest, does not repay any principal, and will cause the loan amount to increase ; ( ii ) The fully amortizing periodic payment amount at the earliest time when such a payment must be made, corresponding to the interest rate disclosed under paragraph ( s ) ( 2 ) ( ii ) ( B ) of this section ; and ( iii ) If applicable, in addition to the payments in paragraphs ( s ) ( 4 ) ( i ) and ( ii ) of this section, for each interest rate disclosed under paragraph ( s ) ( 2 ) ( ii ) of this section, the amount of the fully amortizing periodic payment, labeled as the full payment option, and a statement that these payments pay all principal and all accrued interest.\n\n( 5 ) Balloon payments.\n\n( i ) Except as provided in paragraph ( s ) ( 5 ) ( ii ) of this section, if the transaction will require a balloon payment, defined as a payment that is more than two times a regular periodic payment, the balloon payment shall be disclosed separately from other periodic payments disclosed in the table under this paragraph ( s ), outside the table and in a manner substantially similar to Model Clause H-4 ( J ) in appendix H to this part.\n\n( ii ) If the balloon payment is scheduled to occur at the same time as another payment required to be disclosed in the table pursuant to paragraph ( s ) ( 3 ) or ( s ) ( 4 ) of this section, then the balloon payment must be disclosed in the table.\n\n( 6 ) Special disclosures for loans with negative amortization. For a negative amortization loan, the following information, in close proximity to the table required in paragraph ( s ) ( 1 ) of this section, with headings, content, and format substantially similar to Model Clause H-4 ( G ) in appendix H to this part : ( i ) The maximum interest rate, the shortest period of time in which such interest rate could be reached, the amount of estimated taxes and insurance included in each payment disclosed, and a statement that the loan offers payment options, two of which are shown.\n\n( ii ) The dollar amount of the increase in the loan 's principal balance if the consumer makes only the minimum required payments for the maximum possible time and the earliest date on which the consumer must begin making fully amortizing payments, assuming that the maximum interest rate is reached at the earliest possible time.\n\n( 7 ) Definitions. For purposes of this 1026.18 ( s ) : ( i ) The term adjustable-rate mortgage means a transaction secured by real property or a dwelling for which the annual percentage rate may increase after consummation.\n\n( ii ) The term step-rate mortgage means a transaction secured by real property or a dwelling for which the interest rate will change after consummation, and the rates that will apply and the periods for which they will apply are known at consummation.\n\n( iii ) The term fixed-rate mortgage means a transaction secured by real property or a dwelling that is not an adjustable-rate mortgage or a step-rate mortgage.\n\n( iv ) The term interest-only means that, under the terms of the legal obligation, one or more of the periodic payments may be applied solely to accrued interest and not to loan principal ; an interest-only loan is a loan that permits interest-only payments.\n\n( v ) The term amortizing loan means a loan in which payment of the periodic payments does not result in an increase in the principal balance under the terms of the legal obligation ; the term negative amortization means payment of periodic payments that will result in an increase in the principal balance under the terms of the legal obligation ; the term negative amortization loan means a loan, other than a reverse mortgage subject to 1026.33, that provides for a minimum periodic payment that covers only a portion of the accrued interest, resulting in negative amortization.\n\n( vi ) The term fully-indexed rate means the interest rate calculated using the index value and margin at the time of consummation.\n\n( t ) No-guarantee-to-refinance statement ( 1 ) Disclosure. For a closed-end transaction secured by real property or a dwelling, other than a transaction that is subject to 1026.19 ( e ) and ( f ), the creditor shall disclose a statement that there is no guarantee the consumer can refinance the transaction to lower the interest rate or periodic payments.\n\n( 2 ) Format. The statement required by paragraph ( t ) ( 1 ) of this section must be in a form substantially similar to Model Clause H-4 ( K ) in appendix H to this part.\n\nGA R & R Department 80 Chapter 80-14 Subject 80-14-5 Subject 80-14-5 DISCLOSURE, CHARGES, AND MISCELLANEOUS Rule 80-14-5-.01 Loan Contract, Disclosures, and Limitations ( 1 ) Loan Contract ; Contents.\n\n( a ) Every consumer loan transaction shall be pursuant to a written loan contract which may include a loan voucher, itemized statement of loan and charges, and disclosure statement. The loan contract shall be signed by the consumer and delivered to the consumer at the time it is executed by him or her. The loan contract shall be contained in a single document which may contain more than one page. Printed terms shall be printed in at least six-point standard type.\n\n( b ) In connection with every consumer loan transaction, the consumer shall be furnished a written itemized statement in clear terms and easily understood language which shall show the following : the transaction date, a description of the subject matter and amount of the transaction, a description of the collateral, if any, securing the consumer 's obligations ; the identity and address of the consumer and the identity and address of the creditor ; a schedule of the payments ; the amount of the actual cash advanced to or on behalf of the consumer ; the amount of each class of insurance carried and the premium paid thereon, stated separately for each class of insurance ; and an itemization of the exact amount of the interest, fees, and other charges, if any, showing each element thereof.\n\n( c ) The loan contract shall include immediately above the place for the signature for the parties the following notice : NOTICE TO CONSUMER 1. Do not sign this agreement if it contains any blank spaces.\n\n2. You are entitled to an exact copy of all papers you signed.\n\n3. You have the right at any time to pay in advance the full amount due under this agreement and under certain conditions to obtain a partial refund of the interest charges.\n\n4. If credit life insurance is required, you have the right to purchase either level term life insurance or reducing term life insurance coverage.\n\n5. You are not required to purchase noncredit insurance as a condition of obtaining this loan.\n\n( d ) The creditor shall furnish the consumer with an exact copy of the loan contract including any loan voucher, itemized statement of loan charges, and disclosure statement after the agreement has been signed.\n\n( e ) With respect to every installment loan transaction, the creditor shall, at the time of the transaction, furnish to the consumer a written statement of the maximum number of payments required, the amount of such payments, and the exact due dates upon which each payment is due. The maximum number of payments and the amount and date of such payments need not be separately listed if the payments are stated in terms of a series of scheduled amounts.\n\n( 2 ) The following practices are prohibited in the making of an installment loan pursuant to the Georgia Installment Loan Act : ( a ) Blank Agreements. Every contract evidencing an installment loan transaction shall be completed as to all essential provisions prior to the signing thereof by the parties. No licensee shall induce, encourage, or otherwise permit the consumer to sign a contract containing blank spaces. Blank spaces inapplicable to a transaction must be completed in a manner which reveals their inapplicability.\n\n( b ) Negotiable Instruments. No licensee shall take or otherwise arrange for the consumer to sign an instrument payable \" to order '' or \" to bearer '', other than a check, as evidence of the credit obligation of the consumer in an installment loan transaction.\n\n( c ) Balloon and Irregular Payments. Except for single payment loans, no licensee shall enter into a contract which contains or anticipates a schedule of payments under which the final payment exceeds the amount of any other payment by more than {$1.00}. A single payment loan shall be repayable on terms not to exceed ninety ( 90 ) days. All other installment payments shall be scheduled at regular intervals in equal amounts. Notwithstanding the requirement that payments be made at regular intervals for all loans except for single payment loans, the initial payment on an installment loan shall be due within a period not to exceed forty-five ( 45 ) days from the date on which the loan is made but no sooner than the regular interval for all other installment loan payments.\n\n( d ) Multiple Agreements to the following extent : ( i ) No authorized location of a licensee shall engage in any activity in connection with an installment loan by use of multiple agreements or otherwise as a result of which the authorized location of a licensee charges, contracts for, or receives any other or further amount in connection with an installment loan than that authorized by law for a single loan of a comparable amount.\n\n( ii ) No authorized location of a licensee shall split a consumer loan into separate agreements by spouses if as a result thereof the authorized location of a licensee charges, contracts for, or receives any other or further amount in connection therewith than as authorized by law for a single loan of a comparable amount ; provided, however, that the authorized location of a licensee may make an installment loan to spouses jointly and severally if such loans do not arise out of substantially the same transaction.\n\n( e ) Non-Judicial Enforcement. Notwithstanding any other provision of law, no term of an agreement shall constitute authorization for a licensee to take possession of collateral by other than legal process unless such authorization is clearly, prominently and conspicuously disclosed to the consumer immediately above the place for his signature on the loan agreement or as an addition to the \" NOTICE TO CONSUMER '' specified in subsection ( 1 ) ( c ) of this Rule.\n\n( 3 ) Insurance Permitted.\n\n( a ) With respect to any installment loan transaction, the licensee shall not require any insurance other than insurance covering the loss of or damage to any property in which the creditor is given a security interest. Credit life and credit accident and sickness insurance if required by the licensee, may be provided by the licensee through an insurer authorized to issue such insurance in this State.\n\n( b ) If a licensee requires any insurance permitted under subsection ( 1 ) above in any consumer loan transaction, the consumer shall be given written notice of the option of providing such insurance through an existing policy or a policy independently obtained and paid for by the consumer. If the licensee requires credit life insurance, the licensee shall give the consumer written notice of the consumer 's right to choose either level term life insurance or reducing term life insurance coverage. The licensee may for reasonable cause before credit is extended decline the insurance provided by the consumer.\n\n( c ) Any insurance offered by an installment lender licensee shall comply with any and all applicable insurance laws and regulations.\n\n( 4 ) Discharge of Security Interests. When the consumer is indebted to a particular licensee for two or more consumer loans, any security interest held by such licensee for any particular loan shall be discharged when the loan for which the security interest is held is paid irrespective of indebtedness to the licensee by the consumer on other outstanding installment loans. As a general rule, security interests in terms of property shall terminate as the debt originally incurred with respect to each item is paid and in the case of the consolidation of two or more installment loans or any circumstances in which the general rule is not followed, the licensee may be required by the Department to show that his conduct with respect to such loan transactions was just, fair and reasonable. For the purposes of this Rule, the renewal of a consumer loan shall not be deemed to be payment thereof.\n\n( 5 ) Electronic Transactions Permitted. The provisions of the Uniform Electronic Transactions Act, O.C.G.A. 10-12-1et seq., applies to loans made pursuant to the Georgia Installment Loan Act. Nothing in the Act or the Department 's rules shall be construed as prohibiting installment loans from being originated or closed remotely by a licensee.\n\n( 6 ) Other Purchases. If any loan within the Act is made in conjunction with the provision of any item, service, or commodity incidental to the advancement of funds, or if any other element is introduced into the transaction at the expense of the consumer, then the licensee shall provide to the consumer a separate written disclosure statement. The disclosure statement shall disclose, in no smaller than twelve-point type, the following : ( a ) That the consumer does not have to purchase any such item, service, or commodity, or pay for such element, in order to obtain the loan.\n\n( b ) The cost to the consumer of any such purchase or element.\n\n( c ) The disclosure statement shall contain the consumer 's signed acknowledgement of the consumer 's understanding that such purchase or element is not required and of the specific cost to the borrower for each such item, service, commodity, or element.\n\n( d ) A copy of the signed document shall be provided to the borrower, and the licensee shall retain the original in the loan file.\n\n( 7 ) Receipt. Each consumer shall be provided with a written receipt for each cash payment made showing the licensee 's name on record with the Department, the applicable loan number, the date of the payment, and the dollar amount of the payment.\n\nRule 80-14-5-.02 Maintenance Charges ( 1 ) The following terms shall have the following meaning as used in this Rule unless a different meaning or construction is clearly required by the context : ( a ) '' Earned maintenance charges '' shall mean those maintenance charges which are applicable to those months in the term of the loan contract in which the loan has been maintained by the licensee for a period of time of one ( 1 ) or more complete months. Such earned maintenance charges shall be determined by multiplying the total number of months in the term of the loan contract in which the loan has been maintained by the licensee by the amount of the maintenance charge authorized under O.C.G.A. 7-3-11.\n\n( b ) '' Maintenance charges '' shall mean charges by a licensee for maintaining a loan for a period of one or more months in accordance with the provisions of O.C.G.A. 7-3-11 and this Rule.\n\n( c ) '' Month '' shall mean a complete calendar month for all loans whose contract begins as of the first day of th","date_sent_to_company":"2023-07-13T17:37:25.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"30328","tags":"Older American","has_narrative":true,"complaint_id":"7073501","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2023-06-05T21:45:20.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["Blank spaces inapplicable to a transaction must be completed in a manner <em>which</em> reveals their inapplicability.\n\n( b ) Negotiable Instruments. No licensee shall take or otherwise arrange for the consumer to sign an instrument <em>payable</em> \" to order '' or \" to <em>bearer</em> '', other than a check, as evidence of the credit obligation of the consumer in an installment loan transaction.\n\n( c ) Balloon and Irregular Payments."]},"sort":[8.632797,"7073501"]},{"_index":"complaint-public-v1","_id":"9088850","_score":8.423431,"_source":{"product":"Mortgage","complaint_what_happened":"THESE COMPANIES HAVE BEEN COMMITTING SECURITY FRAUD. FORWARD MY COMPAINT TO ALL LISTED IN MY COMPLAINT. I AM REQUESTING BACK MY DOWN PAYMENT OF XXXX INTEREST, PRINCIPLE AND PROCEEDS, + MORE SEE BELOW AND READ CAREFULLY BELOW. \n\nPRIVACY ACT and TRUTH IN LENDING ACT and PLAIN STATEMENT OF FACTS ADMINISTRATIVE REMEDY PROCEDURE PLEASE READ CAREFULLY This presentment comprises my Official Notice of Facts, Demand for Answers and Disclosure of Information and an administrative remedy under notary and/or witness presentment, for XXXX and/or : XXXX of the family XXXX XXXX XXXX This is an offer for XXXX XXXX XXXX President/CEO or heirs/assigns for XXXX XXXX  XXXX XXXX XXXX  XXXX, who is not licensed to collect a debt or account activities in XXXX, in honor, to make full disclosure under The Truth In Lending Act 15 U.S.C. 1601, Privacy Act Title 5 U.S.C. 552 ( b ) ( 4 ), and Title 12 U.S.C. 2605 the requirement of a lender to respond and act to a borrowers request for disclosure and information regarding a purported debt. On XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, this offer is in additional to the same made with XXXX, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX formerly known as XXXX XXXX XXXX. I was advised that my request would have been received next business day. A complaint was also made through the XXXX online complaint system to resolve the issue, but to no avail. Also, special deposit was sent this month registered mail to Chief Financial Officer XXXX XXXX, XXXX and Chief Executive OfficXXXX, XXXX XXXX XXXX at XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX XXXX In care of : XXXX XXXX XXXX XXXX  XXXX, XXXX and XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX. It is presented with peaceful intentions expressly for your benefit to provide you with due process and the opportunity to make full disclosure under penalty of perjury. Nothing herein shall be deemed or intended to harass, intimidate, cause alarm, offense, fear or impede public procedures, and any such assumption is deemed a billable impairment of my claim. \nNOTICE : Your failure to respond may result in acceptance of joint and several liabilityXXXX XXXX sees no evidence to the contrary. \nThe undersigned, : XXXX XXXX XXXX family : XXXX, XXXX hereafter referred to as XXXX XXXX is the Authorized Representative and for XXXX Affiant hereby states that he is of legal age and competent to state on belief and personal knowledge that the facts set forth herein as duly noted below are true, correct, complete, and presented in good faith regarding the account listed as XXXX XXXX XXXXXXXX XXXX XXXX, formerly known as XXXX XXXX XXXX. \nThis Affidavit concerns the following parties to include but not limited to : XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FAIRWAY INDEPENDENT MORTGAGE CORP . \nIt is now incumbent on YOU, my purported original lending institution, successor in ownership, and/or loan servicer, HEREAFTER, referred to as YOU, YOUR, and/or XXXX XXXX XXXX, XXXX al XXXX under the Truth In Lending Act 15 U.S.C. 1601, Privacy Act Title 5 U.S.C. 552 ( b ) ( 4 ), and Title 12 U.S.C. 2605 must explain your and my lawful position regarding my purported Mortgage Loan. If you refuse to stipulate that the loan originator and/or you by successor in ownership, or the Corporation for whom you purport to be the owner of my Mortgage, and you as servicer of the purported Mortgage loan are NOT the CREDITOR of my Original Mortgage Loan, successor in ownership, and/or loan servicer ; YOU must return the Deed and/or Deed of Trust, and ( XXXX XXXX XXXX XXXX XXXX XXXX. Genuine ) NOTE to me and make restitution and remedy. This is a valid request under The Truth In Lending Act 15 U.S.C. 1601, Privacy Act Title 5 U.S.C. 552 ( b ) ( 4 ), and Title 12 U.S.C. 2605 the requirement of a lender to respond and act to a borrowers request for disclosure and information regarding a purported debt between a CREDITOR and a DEBTOR. Accordingly, if YOU, my purported lending institution, successor in ownership, and/or loan servicer are not the CREDITOR in this Matter, then YOU have thus stipulated that I MUST be the CREDITOR in this matter.\n\nYOU, can not be the CREDITOR in this instant matter because YOU and/or any of YOU NEVER risked any assets, nor are any of YOU holding any assets.\n\nA CREDITOR can not be a CREDITOR if they dont hold the asset in question, [ i.e. : the NOTE and/or the property ; and Mortgage Pass-through XXXX XXXX XXXX as defined in Title 26, Subtitle A, Chapter 1 Subchapter M, Part II, 850- 862 ] can not hold assets for if they do their tax exempt status is violated and the Trust itself is void ab initio . Under The Truth In Lending Act 15 U.S.C. 1601, Privacy Act Title 5 U.S.C. 552 ( b ) ( 4 ), and Title 12 U.S.C. 2605 you MUST NOW inform me, the I.R.S. and the S.E.C. of YOUR and whom you purport to service the loan for as to YOUR and their status of either being a CREDITOR and/or not being a CREDITOR. You, my purported lending institution, successor in ownership, and/or loan servicer have committed acts of fraud upon me, and the public in general, and are the single cause of this paradox and absent YOU stating the claim as CREDITOR or true representative of the CREDITOR can not claim a debt or collection thereof.\n\nMY ALLEGATION and/or CLAIMS : 1. I am the CREDITOR in this matter.\n\n2. YOU are the DEBTOR in this matter.\n\n3. YOU are not the CREDITOR, or an ASSIGNEE of the CREDITOR, in this instant matter.\n\n4. I am NOT the DEBTOR in this matter.\n\n5. YOU are not the Real Party in Interest in this instant matter.\n\n6. YOU and/or any of YOU did NOT put their assets at risk in this instant matter.\n\n7. YOU and/or any of YOU may have only lent debt/credit in this instant matter.\n\n8. YOU and/or any of YOU co-mingle definitions to confuse and/or mislead the Borrower in addressing the distinct products of a mortgage. Specifically the two separate documents are MORTGAGE and NOTE. Some references refer to the MORTGAGE as Mortgage, Mortgage Agreement, Agreement, Mortgage Contract, Deed of Trust, Security Deed and Contract herein Affiant refers to the MORTGAGE as Mortgage or Contract. The NOTE is referred to as Note, Mortgage Note, Deed of Trust Note, and Promissory Note, herein the Affiant refers to the NOTE as Note or Promissory Note.\n\n9. YOU and/or any of YOU purposely destroyed the GENUINE ORIGINAL NOTE to securitize a new and Fraudulent NOTE.\n\n10. YOU and/or any of YOU are calling the NOTE, PROMISSORY NOTE, and/or DEED OF TRUST NOTE/MORTGAE a NOTE when in reality the NOTE is a security by true definition ( See 15 U.S.C. 78c 10 ).\n\n11. YOU and/or any of YOU as such, are buying, selling and/or trading NOTE $ as fraudulent securities.\n\n12. YOU and/or any of YOU use legalese in the mortgage documents as a means of stripping the Borrowers right to defense, converting Real Property from its true owner to YOU and/or any of YOU and such is a criminal act of conversion through fraudulent means and, therefore, the mortgage documents are evidence of a criminal act ( s ) and can not be used as such, used by the YOU in this instant matter. ( See : XXXX XXXX XXXX XXXX XXXX. Understand ) 13. The United States has a primary mortgage Right and/or status on the real property in question and such CAN NOT be circumvented by YOU and/or any of YOU in fraudulent and unlawful mortgage process and documents.\n\n14. YOU and/or any of YOU have been paid in full for the contract in question.\n\n15. YOU and/or any of YOU will fail to join all indispensable parties as such joinder would be prima facie evidence of YOU and/or any of YOU fraudulent acts of securitizing the NOTE.\n\n16. YOU and/or any of YOU are involved in the securitization of the Promissory Note and are indispensable parties to this action and MUST be joined as one in any rebuttal, response, reply, answer, and/or the like by YOU or any of YOU.\n\n17. YOU and/or any of YOU are using a corporate entity and/or TRUST in furtherance of fraudulent act ( s ).\n\n17. YOU and/or any of YOU have no immunity for their fraudulent act ( s ).\n\n18. YOU and/or any of YOU are joint and several responsible for ALL of my losses, cost fees, and/or damages ; including without limitations, emotional damages, damages, inclusive of but not limited to : alienation of affection from : spouse, boy and/or girl friend, friends, children, pets, co-worker ( s ), client ( s ), customer ( s ), and any and all other parties effected directly and or indirectly and/or collaterally even if caused by my inability to deal emotionally with the financial issues ; as said issues are and have been caused by YOU and/or any of YOU committing fraudulent act ( s ).\n\nI allege through deceptive practice and without full disclosure the Mortgage agreement, Deed of Trust, and or note have deceptive meaning clauses like cognovit note, waive the rights of presentment, confession of judgment, waiver of presentment, and/or other Granting Clauses that give power of sale without the right to rebut to any multiple number of banks and/or mortgage companies and as such are failure to disclose. These words of art legalese hereafter referred to as \" cognovit, '' are fraudulently being used to block my right to protest in the courts or back door non-judicial judgment to assert, presume, and/or prove that my right to rebut and/or litigate is waived. This was not fully disclosed and as such is a violation of The Truth In Lending Act 15 U.S.C. 1601, Privacy Act Title 5 U.S.C. 552 ( b ) ( 4 ), and Title 12 U.S.C. 2605 and therefore, makes ANY waiver of my ability to dispute a foreclosure void. See : XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX )., A maker of a confession of judgment voluntarily, intelligently, and knowingly waives due-process rights it otherwise possesses to prejudgment notice and hearing, and does so with full awareness of the legal consequences, when : ( XXXX ) the cognovit does not involve unequal bargaining power or overreaching : ( 2 ) the agreement is not a contract of adhesion ; ( 3 ) the cognovit provision is obtained for adequate consideration ; ( 4 ) the cognovit is a product of negotiations carried on by parties with the advice of competent counsel ; and ( 5 ) the maker, despite cognovit, is not defenseless under state law.\n\nI hereby claim all five ( 5 ) elements are required for a cognovit clause to be valid in XXXX I have been purposely violated by YOU and/or any of YOU to deprive me of my Civil Rights under color of state and Federal law.\n\nI allege YOU singularly and/or collectively violated provisions of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1640, 1666 and 1681, by wrongfully, improperly and illegally reporting negative information as to me to one or more Credit Reporting Agencies, resulting in my having negative information on my credit reports and the lowering of my XXXX XXXX XXXX XXXX XXXX XXXX XXXX I hereby dispute any debt and demand YOU to change any and all negative information reported to Credit Reporting Agencies or YOU will be in violation of The Truth In Lending Act 15 U.S.C. 1601, Privacy Act Title 5 U.S.C. 552 ( b ) ( 4 ), and Title 12 U.S.C. 2605.\n\nI hereby question the authenticity of ALL dates and/or ALL signatures by ALL parties on ALL documents, including without limitations, notarized documents, contracts, deeds, titles, affidavits, and/or the like, including without limitations the dates and/or signatures by notary publics, officers, employees, and any and ALL parties attesting to any and ALL claims, facts, accounting, transfers, recordings, publications, and/or the like, etc. I disavow any and ALL implied and/or conferred and/or inferred understanding of legalese terms now and at the time of the signing of any and ALL of the documents pertaining to the purported Mortgage.\n\nRecoupment ( 1 ) The recovery or regaining of expenses Applying the setoff so you can get back what you gave and what you are entitled to. ( 2 ) The withholding for the equitable part or all of something that is due. This is all equitable action in admiralty style instruments. XXXX XXXX XXXX : IOU a memorandum acknowledging a debt. See also a due bill. DUE BILL See XXXX XXXX XXXX A draft that is due on the bearers demand ; or on proper presentment to the drawer. Also termed a demand draft. A draft is an unconditional order signed by one person, the drawer directing another person, the drawee, to pay a certain sum of money on demand or at a definite time to a person, the payee, or to bearer.\n\nI allege, YOU are required to file an FR 2046. This is a balance sheet. Under 12 U.S.C. 248 and 347, YOU are required to file a balance sheet. YOU are required to do so quarterly or on a weekly basis. YOU file these balance sheets with the Federal Reserve Board ( FRB ). The balance sheet shows the assets and liabilities that YOU use in the accounting. YOUR liability is my promissory note. It is YOUR liability because it is an asset to me. These reports are filed on OMB forms in which the public has a right to disclosure under the Privacy Act. If YOU shift the assets off the books, YOU have to report to the FRB where it went, so you and they can follow it. YOU are mandated to give a cash receipt on any deposit and have failed to provide me with my cash receipt. The deposit of my promissory note was made to a demand deposit account. YOU are required to show it on YOUR books, but YOU are not doing that. YOU are doing an offset entry. I am going to subpoena the auditor if necessary to prove same. Auditors keep track of where the assets went. Under Title 12 USC 1813 ( L ) ( 1 ) when I give/deposit a bank/mortgage company or the subsequent supposed loan owner obtains a promissory note, it becomes a cash item, and they are required to give me a cash receipt. YOU owe me that money under a recoupment or asset. If I take the receipt back, YOU should give me some money. You call it an offset in accounting, but in the Uniform Commercial Code ( U.C.C. ) it is called a recoupment. Under U.C.C. 3-306, there can not be a holder in due course on a promissory note after YOU deposit it. YOU do an off-balance sheet entry. This means YOU take my note after YOU sell it, instead of showing it on YOUR balance sheet, YOU move it over to some other entities balance sheet. It is no longer on YOUR books. This is called off balance sheet bookkeeping under FAS 125 securitization accounting, FAS 140 Offsetting of financial assets and liabilities, FAS 133 derivatives on hedge accounts, FAS 5, and FAS 95. These are the resource materials for understanding this process. The note is not under a negotiable instrument anymore ; it is a security. All banks and subsidiary mortgage companies follow these standards. YOU set up G.A.A.P., Generally Accepted Accounting Principles. YOU are mandated by Title 12 U.S.C. to follow G.A.A.P. and G.A.A.S. YOU have a local FASB and an international IFASB. They also cover derivatives. FAS 140 relates to U.C.C. 3-305, 306. If YOU do not know how to do offsets, refer to FAS 133 for settling and closing. I am demanding recoupment settlement and closure. Once I, the creator of the promissory note, have signed it and others are using it, recoupment means I want my property back or have the account set off. Recoupment in practice is a counterclaim in a civil procedure. I am the creditor on the liability side or the accounts payable. YOU must use my accounts payable as an offset or counterclaim to the financial asset side that is the receivable. Under FAS 140, I am entitled to my setoff. When I make a deposit, it is a cash receipt, cash proceed. Everything becomes a cash proceed in commercial law under Article 9 and YOU show it as a cash proceed. YOU must give me a credit to my account that is actually a cash receipt to me, the customer and/or the purported borrower. Then YOU do a cash payment to the bank. The bank sells the note. They do a Home Equity Line of Credit ( HELOC ) and sell it to warehouse lending institutions. Under civil rule 13, I hereby bring a mandatory counterclaim and demand copies of the S3 registration statement, the form YOU filed that shows YOU sold the note that is a transfer, the 424 ( b ) ( 5 ) prospectus, the balance sheets, FR 2046, 2049, and 2099s, that have OMB numbers on them and are subject to disclosure under the Privacy Act, Title 5 U.S.C. 552 ( b ) ( 4 ). Should you fail to make disclosure you will be in violation of TILA 15 U.S.C. 1601, Privacy Act Title 5 U.S.C. 552 ( b ) ( 4 ), Fair Debt Collections Practices Act 15 U.S.C. 1692, and Title 12 U.S.C. 2605.\n\nShould you ACQUIESCE I demand the following RELIEF/REMEDY : 1. Return the GENUINE ORIGINAL PROMISSORY NOTE and ALL MONEY PAID, SILVER/GOLD COINS, CREDITS [ by me to all of YOU, with a full disclosure of accounting of such including FR 2046s ] to me forthwith ; 2. If YOU are not able to return the GENUINE ORIGINAL PROMISSORY NOTE to me forthwith then YOU are therefore admitting to YOUR unlawful attempt to convert real property without cause and/or right and payment.\n\nImmediately remit a check or other negotiable instrument to me for twenty times all monies expended in maintenance, upkeep and remittances to YOU individually and/or collectively plus original down payment of XXXX XXXX, and value of the NOTE as damages ; 3. YOU individually present to me an Affidavit stipulating that YOU singular and collectively have NO RIGHT to the real property in question.\n\n4. YOU return the DEED/DEED OF TRUST and all other documents pertaining to ownership of the real property in question to me ; 5. If YOU singular and collectively do not STATE THE CLAIM UNDER PENALTY OF PERJURY that YOU singularly and/or collectively are the CREDITOR in this instant matter, YOU singularly and/or collectively agree to accept Judgment by Default in favor of me ; 6. If YOU singularly and/or collectively do STATE THE CLAIM UNDER PENALTY OF PERJURY that singularly and/or collectively YOU are the CREDITOR in this instant matter, YOU singularly and collectively agree to deliver acknowledgement of such forthwith to the S.E.C. and the I.R.S.\n\n7. Under civil rule 13, I hereby bring a mandatory counterclaim! Provide me recoupment under U.C.C. 3-305. I make claim under U.C.C. 3-306, I have a possessory NOTE and property claim against the cash proceeds under the liability side of YOUR ledger. YOU call it an offset in accounting, but in the U.C.C. it is called a recoupment. Send me remittance for that balance and provide complete accounting of the FR 2046s.\n\n8. I hereby, dispute any debt and demand YOU to change any negative information reported to Credit Reporting Agencies or YOU will be in violation of TILA 15 U.S.C. 1601, Privacy Act Title 5 U.S.C. 552 ( b ) ( 4 ), and Title 12 U.S.C. 2605 Should YOU come out with an affidavit of a lost note or destroyed instrument remember ; Under U.C.C. 3-309 you have to show four elements to claim a lost instrument : 1 ) You were in possession at the time it was lost ; 2 ) you have the right of enforcement of the note ; 3 ) you have to show that the obligor on the note is indemnified by you against and future claims ; 4 ) the loss was not due to a transfer.\n\nProduction of the mandatory disclosure OMB forms will disprove the allusion that YOU have lost the NOTE. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, complying with the Statutory Foreclosure Act does not insulate a financial institution from liability and does not prevent a party from timely asserting any claims or defenses it may have concerning a mortgage foreclosure A.C.A. 18-50-116 ( d ) ( 2 ) and violates the honest services clause of Title 18. As such, failure to make full disclosure and restitution within twenty days creates joint and several liability for YOU ( and you personally ) and YOUR company. \nFurther, on XX/XX/XXXX, complaint has been filed with XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX regarding unauthorized debt and activities collection in Alabama and pending a response. Further, on XX/XX/XXXX affidavit of filing of complaints regarding concerning activities with the XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX Securities and Exchange CommissionXXXX XXXX XXXX XXXX XXXX XXXX XXXX \nADMINISTATIVE REMEDY PROCEDURE XXXX and/and or XXXX XXXX XXXX XXXX XXXX Restricted Appearance, is hereby exhausting his administrative remedy within the Admiralty and or Equity by providing Notice of same to XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX. \nAs an operation of law, Affiant and/or XXXX XXXX XXXX is required to exhaust his administrative remedy. The Administrative Remedy within the admiralty document is mailed as identified in the Notary or Witness Affidavit of Service. \nAs with any administrative process, XXXX XXXX XXXX, President/CEO XXXX XXXX  XXXX controvert the statements and/or claims made by Affiant by executing and delivering a verified response point by point, in affidavit form, sworn and attested to under penalty of perjury. Answers by any other means are considered a non-response and will be treated as a non-response. \nXXXX XXXX XXXX, XXXX XXXX XXXX XXXX, may agree and admit to all statements and claims made by XXXX XXXX XXXX XXXX by simply remaining silent. \nXXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX additionally be subject to postal statutes and the jurisdiction of the XXXX XXXX XXXX. \n\nXXXX XXXX XXXX : In the event XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, Employee, or Associate with XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, fails to respond, they individually and collectively admit the statements and claims by TACIT PROCURATION, all issues are deemed settled RES JUDICATA, STARE DECISIS and COLLATERAL ESTOPPEL. XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX XXXX, may not argue, controvert, or otherwise protest the finality of the administrative findings in any subsequent process, whether administrative or judicial. ( See, XXXX XXXX XXXX XXXX XXXX. For any terms you do not understand ). Furthermore, you have not produced the XXXX XXXX and NOTE to provide proof of a claim wherein relief may be granted, as required by XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( b ) ( XXXX ). Your failure to completely answer and respond will result in your agreeing not to argue, controvert, or otherwise protest the finality of the administrative findings in any process whether administrative or judicial as certified by Notary or Witness Acceptor in an Affidavit Certificate of Non Response in YOUR violation of TILA 15 U.S.C. 1601, Privacy Act Title 5 U.S.C. 552 ( b ) ( 4 ), and Title 12 U.S.C. 2605 Should YOU fail to respond, provide partial, unsworn, or incomplete answers, they are not acceptable by me or any court of law. See, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX )., XXXX ( XXXX ) made no request for an extension of time in which to answer the request for admission of facts and filed only an unsworn response within the time permitted, thus, under the specific provisions of XXXX XXXX XXXX XXXX XXXX XXXX XXXX the facts in question were deemed admitted as true. Failure to answer is well established in the court. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX ( XXXX )., I, therefore, hold that the requests will be considered as having been admitted.","date_sent_to_company":"2024-05-25T04:50:52.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"360XX","tags":null,"has_narrative":true,"complaint_id":"9088850","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Fairway Independent Mortgage Corporation","date_received":"2024-05-25T04:29:29.000Z","state":"AL","company_public_response":null,"sub_issue":"Lien release"},"highlight":{"complaint_what_happened":["Once I, the creator of the promissory note, have signed it and others are using it, recoupment <em>means</em> I want my property back or have the account set off. Recoupment in practice is a counterclaim in a civil procedure. I am the creditor on the liability side or the accounts <em>payable</em>. YOU must use my accounts <em>payable</em> as an offset or counterclaim to the financial asset side that is the receivable. Under FAS 140, I am entitled to my setoff. When I make a deposit, it is a cash receipt, cash proceed."]},"sort":[8.423431,"9088850"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":27,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":27}]}},"product":{"doc_count":27,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":9,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":9}]}},{"key":"Credit card","doc_count":7,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":6},{"key":"Store credit card","doc_count":1}]}},{"key":"Debt collection","doc_count":3,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit card 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